non-compete

I have worked for a company for 5 years. They are now asking me to sign a non-compete agreement. Can I refuse without getting terminated?

Thanks

2 answers  |  asked May 18, 2009 1:21 PM [EST]  |  applies to Pennsylvania

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Christopher Ezold
Refusing to sign a noncompete can lead to termination, but the noncompete may not be effective.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, refusing to sign a noncompete can lead to termination, but the noncompete may not be effective if you do sign it.

You have to receive compensation for your promise not to compete; getting a NEW job is considered compensation. KEEPING your old job is NOT considered compensation. Therefore, unless you are paid something - a promotion, money, etc., in exchange, if you sign it, it is likely not effective.

If you don't sing the ineffective agreement, the company can legally terminate you.

It's a strange situation in which you can do what they want and not be bound, OR refuse to sign an ineffective agreement and get fired.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  May 26, 2009 09:17 AM [EST]
Christopher Ezold
Refusing to sign a noncompete can lead to termination, but the noncompete may not be effective.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, refusing to sign a noncompete can lead to termination, but the noncompete may not be effective if you do sign it.

You have to receive compensation for your promise not to compete; getting a NEW job is considered compensation. KEEPING your old job is NOT considered compensation. Therefore, unless you are paid something - a promotion, money, etc., in exchange, if you sign it, it is likely not effective.

If you don't sing the ineffective agreement, the company can legally terminate you.

It's a strange situation in which you can do what they want and not be bound, OR refuse to sign an ineffective agreement and get fired.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  May 18, 2009 3:06 PM [EST]

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