Non compete

[manatee181]

I signed a non compete with a diabetes company and quickly after my employment started I realized that this is not the job for me. I am not performing the tasks that were explained to me and I am expected to work ridiculous amounts of hours to meet deadlines although I was told when I was hired I wasn't expected to work more than a 40 hour work week. Is this something I can get out of? The non compete states I cannot work in a company that is in direct competition or indirect competition with the company I am with now. I feel as though I was misled to think the job was different that it was. Please help!!!

 

[cbg]

We cannot comment on the enforceability of an agreement we have not read. You will need to show the agreement to an attorney in your state to determine what options you have.

 

[calalily]

Have you complained to HR (Do it in writing.)? Have you mentioned to who ever hired you that this is not what you signed up for? Does the contract outline your duties and hours to be worked? You should at least try to fix what's wrong before deciding to jump ship. And CBG is correct, however; google your state laws on non compete and see a contract lawyer if you are desperate to get out.

 

[cbg]

Unless there is a bona fide contract that specifies what the job duties will be and that they will never change, an employer can change an employee's job duties whenever they like.

 

[calalily]

True CBG, but one still has the right to complain. Sometimes the squeaky wheel gets the oil (or the boot).

 

[cbg]

Just so the poster doesn't get the idea that the employer has done something illegal by changing their duties.

 

[manatee181]

I am worried that my complaints to HR may not be kept confidential. Also the HR manager is completely incompetent and is the laughing stock of the company.

 

[calalily]

Then do as CBG says and contact a contract lawyer. Have you bothered to look up non compete laws for your state?

 

[cbg]

It's entirely up to you whether to go to HR or not. There is not only no obligation to keep complaints confidential - it can sometimes be impossible. Literally. Since nothing illegal has taken place, HR has no duty to act on your complaints. They may - they may not.

There is no further advice we can give you other than to take the non-compete agreement to an attorney in your state.