If I have been fired, am I eligible for my incentive bonus and canmy ex-employerenforce a non-compete?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have been fired, am I eligible for my incentive bonus and canmy ex-employerenforce a non-compete?
I believe I have been fired. PC access denied. No official letter. I am in PA, and I am due for my bonus in early September. My contract requires a 15 day notice. This puts me past the bonus date. I also have a 2 mile non-compete. But haven’t I been deemed worthless to the company bymy firin? So how can they restrict my options? My boss said that he can get someone for $20,000 less unless I want to be a manager. This was 3 days ago. I said I want to think about it. My bonus is potentially 6 figures.
Asked on August 28, 2010 under Employment Labor Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You have lots of issues and concerns here and you need to speak with an employment attorney in your area to protect and preserve your rights. Bring your employment contract and non-compete agreement. what type of notice does the contract state: 15 days written or oral? Either way, you were not given any. Denying you access can not, I believe, "imply" notice and it seems more like firing you. From what you have stated it appears that you were not given any notice here and so then you would indeed be entitled to your bonus. As for the non-compete, state laws differ on the validity. Reasonableness of the restrictions is generally how the courts will look at things if they are upheld. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.