Legal Question in Sexual Harassment in South Carolina
Can a non-compete be void due to sexual harrassment?
The employer has a well written non-compete and arbitration agreement. The employer consults from a city in which the employees reside. The employer's clients are nationwide. In the agreement is a sexual harrassment clause. The employer abuses this section. This employer listens to the personal calls of his employees without there awareness via his telephone headset. 2 female employees and one male employee have "stumbled upon" the history file in the computer which they all saw listed over 500 *xxx* website addresses. The female employees have little recourse but to either continue employment and the sexual harrassment or quit. The non-compete states that if terminating their employment they can earn a living without violating the non-compete sections of the employment contract. Two of the female employees wish to quit and form their own firm, in direct competition with their former employer. Client information is available through directories, periodicals, etc. Can the female employees argue that the employer's actions deprived them of the right to earn a living in his employ? Would voiding the non-compete also void the arbitration agreement?
1 Answer from Attorneys
I owe I owe, its off to work I go
If either party tries to enforce the agreement, the arbitration clause would probably be enforced.But, that just saves everyone time and money.There was no sexual harassment set forth in yourfact situation. The boss can have his xxx webpages unless it is contrary to company rules.Listening on the phone isn't sexual harassment.The non-compete sounds too extensive and would probablly not be enforcable in Ohio due to itsexcessive nature.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
