Fired for not signing a non compete after being with a company for 6 months?
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Fired for not signing a non compete after being with a company for 6 months?
I was fired for not signing a non compete after being with a company for 6
months. I filed for unemployment and they stated to me the determination was
the claimant discharged for misconduct with the work? The evidence shows the
claimant was discharged from Classic Soft Trim inc, because she would sign a non
compete agreement. Since the claimant’s actions, which resulted in her
discharge.They also without warning lowered my income and would send e mails with
bible v’s on them. I asked Hr in writing to tell him to stop Do I have a case?
Asked on June 23, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Speak with an employment law attorney: you may have one or more legal claims or causes of action:
1) You can be terminated for not signing a non-compete, but that is not misconduct (i.e, not being fired "for cause") and so you should be elegible for unemployment benefits. Therefore, you should be able to successfully appeal the denail and possibly sue your former employment for mistating the reason for your terminatuon and improperly interfering with your benefits.
2) It is illegal to religously harass an employee, or for religion to play an role in terminating her or him. But here, since you objected to the bible verses but they kept doing them, that may be religious harassment...and if they were unhappy that you objected and that played any role in terminating you, that would be illegal.
Note however that if you did not have a written employment contract guarantying your wages, your employer could reduce your pay at will--unless the reduction was based on religious issue, in which case it would be illegal.
So it would be worth your while to consult with an employment lawyer about possible claims.
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