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"EMPLOYEE OUTRAGED WITH NON-COMPETE REQUIREMENT!"

Dear Kathryn:

I've been working for my employer for five years and the company has just announced that they're putting the handcuffs on all of us.

Management stated that all employees have to sign non-compete agreements. The reason given for this new policy was that several employees who left in the last year joined competitors. Further, management feels that these former employees divulged company operational secrets.

I don't like being forced to sign or do anything. Other than leave, do I have any choice?

ANNA M., Hamden, CT

Dear Anna:

You don't indicate whether your employer offered you any additional compensation (in contract terms, this is called "consideration") for your complying and signing the non-compete.

Attorney Zaccardi of Shipman & Goodwin feels that if the non-compete agreement is written fairly and you're offered "consideration", chances are the non-compete will be enforceable. If your employer insists you sign the non-compete with no offer of "consideration", there's a slight chance the employer will have a more difficult task of enforcing it.

You've got a couple of ways to go here, none of them great options. You can call their bluff, tell them you won't sign it and find out just what your value is to your employer. You can sign and take your chances down the road that it's not enforceable. Last choice, you can join a competitor now.

Any decision's a tough one and I recommend having your attorney review the details of the contract as some non-compete restrictions prove to be much more difficult to live with than others. One website you might check out is www.BreakYourNoncompete.com. You'll find it interesting, especially given your current situation.

Dear Kathryn:

My employer, a well-respected dentist, is ripping off our patients and I'm sick of assisting him in his rip-off scheme.

I've been a medical assistant and hygienist for ten years and have worked for him for two years. During the last year, he has escalated his recommendations of unnecessary procedures. Root canals when they're not necessary, fillings when the ones in place are perfect and the list goes on. In that I'm assisting him, I'm worried that if a patient were to figure this out, I'd suffer some liability. In addition, I feel I can't remain silent any longer and need to report him to the authorities.

Who's my best resource to report his rip-off actions? Can he fire me once he finds out?

I'm planning on starting a new job hunt however don't know how long that will take as I'm making really good money. My nerves are ragged over this and I need to take action soon.

SANDI P., Mystic, CT

DearSandi:

In that you've been a certified dental assistant and hygienist for ten years, we'll assume for the moment your take on the doc's actions are correct. I must add, however, I've have all too frequently witnessed know-it-all-employees create unnecessary trouble and headaches for employers by whistle blowing when it's the employee who was incorrect in their judgement of their employer.

To report your employer, the proper authority would be the CT State Dental Association, reachable at 860-278-5550. Denise Turrel heads up the reporting division and would forward you a mediation form that would get the ball rolling.

As to your liability in this matter, you'd have none according to Brian Clemow of Shipman & Goodwin.

As for your employer terminating you because of the action you took, you would have protection under CT's State Statute 31-51-M, the Whistle Blowers Law. This law states that employers cannot take termination action because the employee reported an employer's misconduct. Realistically, once you were to take those steps, I can't imagine the two of you working side by side in a small office. If you decide to take this action, get your jobhunt well underway and prepare for a new, hopefully more ethical operation.