As a CFI would you sign this??
 

i am looking for some advise and opinions on this.

My current employer where I CFi is asking for all of us to sign this contractor agreement. i understand the need for most of it but what gets me is the employment portion. Would any of you sign this????


(b) Non-Competition. At no time during CFI’s engagement or within the period of one year following the termination thereof, whether such termination is voluntary or involuntary or with or without cause, will CFI, except as otherwise consented to or approved by the Company in writing, directly or indirectly own, manage, control or participate in the ownership, management or control of, or be employed or engaged by or otherwise affiliated or associated as a consultant, independent contractor or otherwise with, any other corporation, partnership, proprietorship, firm, association or other business entity or otherwise engage in any business that is engaged in any manner in, or otherwise competes with, the business of the Company or any of the Company’s subsidiaries or other affiliates in or within the State of Ohio.

Do you want to CFI for these people and work for Wendy's on the side? No problem

Do you want to CFI for these people and instruct for another institution on the side? Tough luck

What are your goals at this point? I don't think CFI'ing for these people while flying boxes on the side should go against this contract, but I'm not that experienced when it comes to these intricacies.

No.

[armchair lawyer]
If you are already employed and they ask you to sign that "or else" then they would be breaking the law by forcing you to sign a contract under duress (threat of loss of job).

If you are staring out on a new conract, then it's up to you if you want the job under those conditions or not.
[/armchair lawyer]

Are you already employed there? how long?

The problem with this is that i just recently moved about 60 miles away from that place, but I like the place and people so I would propably do it until i get a flying job. But what if they fire me for what ever reason! then what?

I just find this unnecesary and a little of an overkill.


I"ve been a CFI over there for over 2 years now, and they just presented it to me.

Thanks

The non-compete clause is no big deal, that's reasonable...it's the one-year post-employment clause that is out of line.

If you are already employed there, they probably cannot force you to sign it. But they might find an excuse to fire you (or just stop using you if you are a "contractor").

Check with a local lawyer, but I'm pretty sure the answer will be go ahead and sign it to keep the peace with your employer. If it ever becomes an issue, I'm sure a lawyer will tell you that it's null and void under duress (but ask the lawyer anyway).

You might ask them to line out the involuntary termination clause...that''s totally unreasonable and they should know it.

Well, I think you may be out of luck on this one (see below). I retract my previous comment.
I would ask to renegotiate the terms of the non compete to be very specific with regard to your job there. And try to get rid of the 1 year after clause.

If you were only prevented from CFI'ing somewhere else while working there, that would be reasonable.

If they think you are a valuable CFI, and you could work somewhere else right now, then let them know they will lose you over this agreement as written. Try not to burn any bridges.


My Employment Lawyer - Non-competition Agreements in Ohio - History and Law

"In Lake Land Empl. Group of Akron, LLC v. Columber, 101 Ohio St. 3d 242, 245-246 (Ohio 2004), however, the Ohio Supreme Court held that continued at-will employment was sufficient consideration to support a non-competition agreement. The Court viewed presentation of a noncompetition agreement by an employer to an at-will employee as, in effect, a proposal to renegotiate the terms of the parties' at-will employment. As a result, an employer can require non-competition agreements from all of its employees and can terminate, without legal liability, those employees who refuse to sign."

I bet anything they wouldn't come after you for damages. The lawyer fees alone would be worth the claim. And if they did I would drag the case out as long as possible. I bet you could keep that out of a court room for 1-3 years if you played your cards right. What possible damage you you possibly be liable for? I would sign it and tell them to sue you when you find another job. You should dare them to sue you. I bet they are all bark and no bite. Even if you were found liable what money could you possibly have being a poor CFI? Wost case scenario is they would file a judgment and I would take many years for them to get their $2 claim against you.

HELL NO. In some states non-compete clauses are illegal and the rest take a very very stringent view of what is "conscionable" and what isn't. This would certainly be a candidate for being so extremely restrictive towards your ability to practice your "trade" and make a living that its almost a joke. If you need to keep the peace, sign it and let them try to find a lawyer willing to stand in front of a judge. Not sure how many would want to tackle the numerous organizations that would most likely be interested in your side.

He won't. Depending on the state, he may tell you that these types of restrictions are unenforceable altogether, that they may be challenged as unnecessarily restrictive because of the size of the area or time time involved or for other reasons that are specific to that state's law.

But employment restrictions of this type are common enough that "duress" would be the weakest position to take. No one's forcing you to take the job. Might as well sue for more pay since, after all, wasn't it the same "duress" that led you to take the pay you are receiving rather than the higher pay you really wanted?

Personally, I think this particular restriction is a bit over-broad (for example, if there's no business because they don't market and they lay you off, you can't go to the successful school 10 miles away and get a job) . But that's just me and I know nothing about employment law in Ohio.

If you're really concerned about it, speak to a lawyer. It's usually a lot cheaper to get advice ahead of time than have to deal with consequences after the fact.

He is already employed by the company asking him to sign the agreement (for two years). If he refuses and gets fired for that reason I think he would prevail. Different scenario than a new-hire.

But it looks like Ohio is special (see above post), and has precedent allowing this sort of thing. That's why the company has the cajones to even propose such a thing. Most other states would be different though.