i signed a non compete with an electrical contracter. He then eliminated most of my benefits, is it enforceable?

I signed the non-compete before employment and then my employer eliminated the bonus program,eliminated holiday and vacation pay and reduced my medical/dental etc benefits by 50%. I quit and now plan on contracting in the same area. There are no business secrets as such because the work I performed for him was work that any electrician would perform in an average day at work. Can he make me sign a non-compete and then reduce my income by 25% and enforce a non compete after such actions?
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Tymon Berger

Tymon Berger

Contributor Level 4
It really depends on the terms of the agreement, and the best advice is that if you're serious about wanting to understand your potential liability, have an attorney review the agreement. That said, the following are some things to keep in mind. First, because non-competes restrict competition and, particularly in your case, prevent you from pursuing a livelihood, courts disfavor non-competes and strictly construe them. Along these lines, the non-compete will not be enforced if it is excessively broad, either in time, geographic area, or scope of competition. Second, it is important to understand what you gave in exchange for your promise not to compete; for example, does the non-compete spell out that you are guaranteed employment with a certain minimum salary, benefits, or the like? Third, there are often provisions in non-competes that describe the conditions necessary to trigger your non-compete obligation. In this case, the significant reduction in pay and benefits could arguably constitute a termination that does not properly trigger your non-compete obligation.

The bottom line is that, because there are so many different angles to be played depending on the non-compete arrangement, you really need to have an attorney review the contract to give you a run down of your potential exposure. From your question, I would venture to guess it wouldn't take an attorney very long to either define the limits of your activity, or conclude that the non-compete is so broad that it isn't even enforceable. Good luck to you.
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