I was recently laid off from a Trucking Brokerage. They say that I can not work for another trucking firm for no compete clause in the contract. I signed it as a dispatcher(several years ago) but was laid off in sales. They are also not paying me my commission that is due to me. They would also keep commission that I had already earned if I called in sick at a later date. What if any recourse do I have?
Corporate / Incorporation Lawyer
Generally speaking, non-competes are typically used for higher level members of companies, particularly for individuals in management roles who, for example, have access to confidential information or trade secrets of the company. Companies, however, often include the clauses in contracts for all types of employees. Whether the non-compete in your contract is enforceable would depend on the facts of your employment, which, it sounds like, are a bit complex -- being hired as a dispatcher and being laid off while in sales -- and would certainly require more review. But, perhaps some of that general information is helpful.
**This is not legal advice and please do not treat it as such.**
1 found this helpful