Can employees fired for refusing to sign non-competes collect unemployment?

my adult son has managed his mother in law's landscape business for 7 years...her new husband is now heading up the company and requiring all to sign non-compete agreements...if they refuse, and are fired, can they collect unemployment....

1 answer  |  asked Sep 20, 2007 10:31 AM [EST]  |  applies to Florida

Answers (1)

David Goldman
Non-Compete Agreements

Generally when someone is employed and then asked to sign a non-compete agreement there is no consideration for the non-compete.

For a contract to be valid there needs to be a meeting of the minds - that is each understands what is expected and required as well as consideration. Without the consideration the contract is not enforceable. Sometimes consideration can be created by actions.

You should have the non-compete evaluated by a FLorida Business Lawyer to determine if it is valid and / or enforceable. There may be no reason not to sign it.

As to your question about unemployment, termination for refusing to sign, which they have the right to do (unless there is a contract stating otherwise) should not disqualify them from unemployment.

I would recommend having the agreement reviewed

You might take a look at
http://www.woodatter.com/lawyer-attorney-1239577.html

David Goldman
Wood, Atter & Associates
http://www.woodatter.com/

Blog
http://www.floridaestateplanninglawyerblog.com

posted by David Goldman  |  Sep 20, 2007 11:07 AM [EST]

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