Miscellaneous

Can a non-compete be signed after a resignation?

Can a non-compete be signed after a resignation?

You should check in your contract that signing a non-compete after resignation isn’t mentioned, and if you still aren’t sure consult a lawyer (it is probably worth your time and money to do this even if you are sure).

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.

Why do non compete agreements not last forever?

In fact, the only reason why non-compete agreements do not last forever is because the law (at least in Canada) limits the length of those stipulations. Considering laws exist to protect employees from excessive non-compete agreements, it’s a safe conclusion to assume they’re bad for you.

Can a company make you sign a non competition agreement?

You of course cannot be forced to sign anything, and it seems fishy to me for a company to save that until you’re leaving, when normally they’d make you sign non-competition agreements before letting you work there in order to cover themselves legally.

You should check in your contract that signing a non-compete after resignation isn’t mentioned, and if you still aren’t sure consult a lawyer (it is probably worth your time and money to do this even if you are sure).

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.

Is it possible to defeat a non-compete agreement?

It would also be unreasonable for a non-compete agreement to prohibit you from working for a competitor years after the trade secrets your employer seeks to protect are no longer valid. Proving that there was a breach of your employment contract is yet another way that you can defeat a non-compete agreement.

Why are there noncompete clauses in employment contracts?

Your employment contract might contain a noncompete clause, where you promise not to work for your employer’s competitors for a certain period of time after you quit. However, the purpose behind a noncompete is to prevent you from gaining valuable knowledge on the job and then taking it to a competitor of the employer.

Do you sign anything when leaving a company?

Don’t sign ANYTHING when leaving the company other than the paper that you’re leaving. And maybe the paper where you state that you’ve returned all the equipment that belongs to the company. There is nothing you’ll gain from that and a lot you can lose:

What happens when you sign a non-compete agreement?

When you sign a non-compete agreement, you may have certain constraints placed upon you after leaving that company. Not all agreements are written the same. So the quick answer to whether or not you can work is “it depends.” I Signed a Non-Compete. Can I Still Work?

Is it too late for a non-compete clause?

Since it is too late for a non-compete since you have taken the new postion legally, I suspect it is the non-recruitment clause they are most concerned with. If you intend to recuit co-workers (and it sounds as if you do), you most definitely don’t want to sign this.

How many miles can you not compete with an employer?

A non-compete that says you cannot compete within one hundred (100) miles of your employer’s headquarters will likely be unreasonable. A restriction twenty-five (25) miles would likely be considered reasonable. However, reasonableness differs with each employer and industry.

Do you need an attorney to sign a contract not to compete?

However, if you already signed an agreement, you may still consult an attorney to guide you through the document, so you can get a clear understanding of what you signed. Before you sign a contract not to compete, you should consult an employment law attorney to make sure the agreement is fair and has your interests in mind.