My question is: Can a non-compete agreement be used to keep my salary artificially low as compared to my peers doing a similar job.
I was origininally hired as a receptionist. Seven months later, I find myself with increased responsibility with no increase in pay.
Back ground: I work in the Information Technology field. Many times in the IT field, one has to accept a job below qualifications with the hope of growing with the company and receiving commensurate promotion and pay. My job has gone from the responsibility of a receptionist to: 1) Software telephone support, on - site travel training, Medical Billing, Remote technical support and Remote File Repair.
My Duty / Salary compensation has gone from $13.00 / hr (that I currently receive) to $23.00 (what the average employee makes as reported by a regional salary database for qualifications and duties I currently perform). I have requested a compensation package of $17.00 per hour. I have received exceptional evaluations. A meeting with company representatives suggest that I will be kept at the receptionist pay scale with a $1.00 increment yearly raise.
The Non - Compete suggests that for a period of one year, I can not entertain any offers from potential Employers who are in the database of the company I currently work for. As I work in a specialized field (Medical Software), practically all of "my" potential employment opportunities are now unobtainable as the potential companies can be found in the database of the company I currently work for.
As it stands now, it appears that if I continue with this company, I will be compensated far below the average. Or I can leave the company, work at a Wal - Mart for one year and then reconstruct my career. Both solutions are unacceptable.
I am hopeful that perhaps there can be a "first right of refusal" out clause with the non-compete: whereas, I entertain a Job Offer, whereas I receive a compensation package for said job offer, I present compensation package to current company with an offer to bring my salary to an acceptable level. If they do not, does this in itself nullify Non-compete because of bias (wage).
I was origininally hired as a receptionist. Seven months later, I find myself with increased responsibility with no increase in pay.
Back ground: I work in the Information Technology field. Many times in the IT field, one has to accept a job below qualifications with the hope of growing with the company and receiving commensurate promotion and pay. My job has gone from the responsibility of a receptionist to: 1) Software telephone support, on - site travel training, Medical Billing, Remote technical support and Remote File Repair.
My Duty / Salary compensation has gone from $13.00 / hr (that I currently receive) to $23.00 (what the average employee makes as reported by a regional salary database for qualifications and duties I currently perform). I have requested a compensation package of $17.00 per hour. I have received exceptional evaluations. A meeting with company representatives suggest that I will be kept at the receptionist pay scale with a $1.00 increment yearly raise.
The Non - Compete suggests that for a period of one year, I can not entertain any offers from potential Employers who are in the database of the company I currently work for. As I work in a specialized field (Medical Software), practically all of "my" potential employment opportunities are now unobtainable as the potential companies can be found in the database of the company I currently work for.
As it stands now, it appears that if I continue with this company, I will be compensated far below the average. Or I can leave the company, work at a Wal - Mart for one year and then reconstruct my career. Both solutions are unacceptable.
I am hopeful that perhaps there can be a "first right of refusal" out clause with the non-compete: whereas, I entertain a Job Offer, whereas I receive a compensation package for said job offer, I present compensation package to current company with an offer to bring my salary to an acceptable level. If they do not, does this in itself nullify Non-compete because of bias (wage).