Legal Question in Employment Law in Virginia
Non Compete
My company is not doing well financially and has made comments that they can no longer afford their field staff unless we are able to hit some major sales targets. I was recently put on a written warning for not achieving sales targets and I've been given a deadline to accomplish unrealistic goals or I will be fired. I have been asked to sign an updated confidentiality and non-compete agreement. If I do not sign, I will be fired. If I sign, I am agreeing that I can be fired at any time with our without cause. I'm also agreeing to a 1 yr non-compete which I can live with. However, I will give my company the right to contact a new employer to inform them of my non-compete which I do not agree is appropriate.
Bottom line, I know I will be fired either way. 1) Can I be eligible for unemployement if I'm fired? 2) If so, what can I do do better my chances of getting unemployment.
I should mention, I feel that I am being discriminated against because I'm a female in a male-dominated industry which I doubt I would ever be able to prove. My male coworkers have not been put on the same warning even though they have not achieved their sales targets.
1 Answer from Attorneys
Re: Non Compete
You should be eligible for unemployment compensation as long as you're not fired for (justifiable) cause. If you can support your last assertions in your question with verifiable data, it's conceivable that you might have the makings for a case against your employer under federal anti-discrimination law.
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