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Need advice on signing a new employee agreement for my current employer of 8 years?

After 8 years of employment, my current employer is asking me to sign an "employee agreement" that contains non-compete clauses and several other items. I'm sure if I don't sign I will be shown the door, as that's just how they operate. Here are a few things that bother me and I wonder about the legality or if they would stand up in a Missouri court.

1) Exclusive Business. Employee agrees to be employed by Company and to perform faithfully the duties assigned by Company. Employee shall devote all working time, attention, knowledge, and skills solely to the Company. The Employee shall not work or engage in any other business or work activities unless Company has first approved in writing such other work or business in each case.

Can they require that I notify them of any other job or business I may have outside of their employment and let me go if I don't? I'm an hourly employee and my thought is that whatever I do outside of their business hours is none of their concern as long as it does not compete with their business.

2) Reimbursement for Training Costs. Employment with Company is on an at-will basis and remains unchanged throughout period of employment, including Employee's Training. If Employee voluntarily terminates employment with Company within twelve (12) months after attending training classes ("Training"), either in the offices of Company or at another location, Employee shall pay to Company a sum equal to the actual out of pocket expenses incurred and paid by Company for the Employee’s Training ("Training Cost") as reduced by one-twelfth (1/12) of the Training Cost of every complete calendar month between the date of the Training and the date of the Employee’s employment termination.

Can this be enforced? Am I not able to pursue my livelyhood and find employment elsewhere without the threat of paying them back for training hanging over my head. As long as I am not going to a competitor of their's where I would use this training and am changing industries, how could they enforce this?

These are just a few of the things in the agreement that bother me. I understand about the ones concerning keeping intelectual property and customer lists private and not soliciting their employees or customers to leave if I should leave. Thes two seem a bit rediculous though. Four years ago this company purchased the company that I originally was hired by. They say that their employees have in the past all had to sign a "similar" agreement. Can they require me to sign this if it was not a part of my initial employment?

3 Answers

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  • Ti
    Lv 7
    1 decade ago
    Favorite Answer

    I don't see any problem with the first item. The company asks that you devote all "working hours" to the company. It does not restrict what you do outside of working hours.

    As for the training costs. More and more companies are requiring that you stay on the job at least 12 months after being reimbursed for educational or training expenses.

    The company can require you to sign this agreement. It does not restrict you from taking a second job as long as you don't infringe on company business, and that you don't leave your employment after the company has gone through the expense of giving you additional educational benefits.

    Remember, your employment is "at will".

  • 1 decade ago

    I would call your states employment division. If you have been there eight years your training should be over. No compete aggrements are usally only for upper management, then after employment they are paid to keep the contract in force.

    Bottom line don't get caught, and there won't be a problem. Sad but true.

  • 1 decade ago

    You asked many questions

    The simple answer is Yes. You will need to sign it if you want to keep your job. You can have an attorney look at it to answer your specific questions

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