If I am being fired by a company do I have to sign a non-compete agreement?
I cussed at the president of my company and now feel he will fire me soon. I have never signed a non-compete but feel the company will pressure me into signing one before I leave. What "consideration" is appropriate for signing a non-compete?
2 answers | asked Aug 11, 2011 10:57 AM [EST] | applies to Florida
Answers (2)
They cannot require you to sign a non-compete upon firing you. They can condition your condinued employment on your signing one. And, yes, they could require you to sign one and fire you one week later. Before you sign one, I would recommend dicussing it with counsel to go over your options.
posted by Arthur Schofield | Aug 11, 2011 11:02 AM [EST]
posted by Arthur Schofield | Aug 11, 2011 11:02 AM [EST]
If they are firing you, they cannot force you to sign anything. What the company can do is offer you some sort of severance in exchange for signing a noncomplete and usually a general release. You don't have to sign it -- but if you don't sign it you don't get the severance.
As long as you are still employed, you can be required to a sign a noncompete or be fired -- but since you believe you are going to be fired anyway, signing a noncompete doesn't make much sense for you, unless you are willing to do so in an attempt to delay your termination. They probably won't have you sign the noncompete and then fire you the next day.
posted by Phyllis Towzey | Aug 11, 2011 11:01 AM [EST]
As long as you are still employed, you can be required to a sign a noncompete or be fired -- but since you believe you are going to be fired anyway, signing a noncompete doesn't make much sense for you, unless you are willing to do so in an attempt to delay your termination. They probably won't have you sign the noncompete and then fire you the next day.
posted by Phyllis Towzey | Aug 11, 2011 11:01 AM [EST]
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