Can I be fired for refusing to sign a non compete?
A non-compete prohibits an employee from engaging in a business that competes with his/her current employer’s business. While an employer cannot require you to sign a non-compete, they may terminate, or choose not to hire you if you refuse to sign.
When do you sign a non compete agreement?
For many employees, a severance package and a non-compete agreement are often intertwined. In many cases, workers are asked to sign a non-compete upon entering a new job, or in the routine course of employment.
Can a fired employee sign a non-compete agreement in Florida?
Many employees think that, just because an employer forced them to sign the agreement or be fired, that they are not bound by a non-compete agreement. That’s just not true. Continued employment is valid consideration for a non-compete agreement in Florida. Florida statutes presume that non-compete agreements are valid.
What happens if an employer fails to enforce a non-compete agreement?
An employer who tries to enforce a non-compete and fails will end up paying the attorney’s fees and costs of the prevailing employee, and will sometimes be paying money damages to the employee for tortious interference with an employment relationship if they cost the employee a job.
Do you have to sign a non-compete if you get a severance?
If you are being offered a severance package that requires you to sign a non-compete, proceed with extreme caution. Your employer may wave a seemingly attractive severance package in front of you in order to distract you from the unfavorable terms of a non-compete.
When to sign a non-compete agreement with an employer?
Even if you’re not in the job market right now, you should pay attention to the growing pressure on employees to sign non-compete agreements . You might be confronted with a new non-compete form by your current employer when receiving a raise or promotion.
How can I get Out of a non-compete contract?
Showing that the agreement is not related to a legitimate business interest is the most effective way of getting out of a non-compete contract. The goal of any non-compete agreement is to protect trade secrets.
How often should you review a non-compete agreement?
If you want employees to be bound by non-compete agreements, the best course of action is to have an attorney prepare them, and to have them reviewed at least once a year for any changes necessary. An unenforceable non-compete is worse than useless – it is dangerous to the employer who tries to enforce it.
Can a non compete agreement be voided in a court case?
In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors. Showing that the agreement is not related to a legitimate business interest is the most effective way of getting out of a non-compete contract.