Before You Sign That Paper ...
Dear Sue:
I work for a company that has decided to implement a "non-compete" agreement with its employees. Many of us have been with the company for over five years and do not want to sign the agreement. However, we have been advised that we would be terminated if we did not sign it.
This is a very confusing agreement that requires a six-month period in which we could not work in a related field after leaving the company.
We all are wondering if it is legal for our employer to force us to sign a non-compete agreement. And what will happen if only some of the employees sign the agreement? Any help you can provide is appreciated.
- KP
Sue Says:
Unfortunately, there may not be much you can do, but it is not surprising that you are taken off guard by the sudden request to sign a non-compete after five years of employment.
I asked Lewis B. Gardner, an employment attorney with Greenberg Traurig in Tysons Corner, Virginia, to help answer your question. He said that in most states, an employer's promise of continued employment upon signing an agreement generally is sufficient enough to support the request to sign a non-compete agreement.
Generally, an employer has the right to terminate an "at-will" employee (one without an employment contract) for any reason, at any time -- which could include firing someone for refusing to sign an agreement. The number of employees who sign the agreement has nothing to do with its lawfulness or enforceability.
Before signing the agreement (if you decide to), you may want to have an attorney look it over. And, since a number of you are uncomfortable with this request, consider approaching management with your concerns. Perhaps after you hear their reasons for the agreement it won't seem so threatening.
You have worked at this company for five years and potentially could be there many more. Are you happy? Do you see yourself staying there long-term?
The answer to these questions may help you decide what action to take. Whatever you do, take your time and don't jump to any conclusions or make any decisions in haste.
-- Sue Morem is a professional speaker, best-selling author and syndicated columnist. Her books include How to Gain the Professional Edge, 101 Tips for Graduates, and the just released How to Get a Job and Keep It, Second Edition. You can send questions to her by email at asksue@suemorem.com or visit her web site at http://www.suemorem.com.
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