If my sibling and I had worked for the same company but he left and in doing so is now violating his non-compete, must I disclose this to my employer since they have asked?
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If my sibling and I had worked for the same company but he left and in doing so is now violating his non-compete, must I disclose this to my employer since they have asked?
My sibling and I had worked for the same company for over 5 years. Over a year ago my sibling left the company in order to move closer to the family. Both of us have signed non-competes in the past, and when my sibling moved he couldn’t find good work outside of the industry that we are in, so he had to get a job working for one of our competitors. The territory that he is working in now is well outside of the territory of the company that I am working for. Through the grapevine, the owner of the company I work for must have heard that my sibling started working for a competitor, and contacted me to ask if this was true. What are my rights? What do I need to disclose? Can I be fired if I had previous knowledge of what he was doing?
Asked on July 1, 2015 under Employment Labor Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Do you have an employment contract that would protect you? Is there a union agreemnt that would proibit this action? Does this action violate company policy? If not, then your treatment is perfectly legal (unless some form of discrimination is a factor in your treatment, which does not appear to be the case).
The fact is that an employer can set the terms and conditions of�the work relationship�much as it sees fit. This means that it can discharge an employee for not disclosing information when asked, or any reason, or for no reason at all. This is called "at will employement" For your part, as an employee you can tell your employer what it wants to know, quit your job, or not divulge any information and see if you are terminated.
That having been said, there may be some exceptions to the above under specific state law. At this point you should consult directly with an employent law attorney in your area. They can best advise you further.
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