If I have been fired, am I eligible for my incentive bonus and canmy ex-employerenforce a non-compete?

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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 10 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. 


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