Can you fire an employee for not signing a non-compete?

It is unlawful for California employers to fire employees who refuse to sign non-compete agreements. When an employer terminates an employee on illegal grounds, a wrongful termination has occurred, and the employee may choose to take legal action against his or her employer.

Can I be sued without a non-compete?

According to the California Business and Professions Code Section 16600, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” In other words, non-compete agreements are not enforceable in California.

Can a non-compete agreement be enforced if you are fired?

Because of this, most agreements are still in place even if you are fired. Breach of Contract Even though a non-compete agreement can still be enforced when you are fired, you could potentially get out of it if the employer breaches your contract.

Is it possible to void a non-compete contract?

Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

Can a receptionist sign a non compete agreement?

If you were hired as a receptionist for one company, and you’ve now been offered a position as an executive assistant in another company, it is unlikely you have any trade secrets or client relationships that you could take to the new company. A non-compete agreement, like any other contract, must be supported by valid consideration.

How often should you review a non-compete agreement?

If you want employees to be bound by non-compete agreements, the best course of action is to have an attorney prepare them, and to have them reviewed at least once a year for any changes necessary. An unenforceable non-compete is worse than useless – it is dangerous to the employer who tries to enforce it.

Do you have to sign a non compete agreement if you are fired?

But many employees will sign non-competes assuming they will not be enforceable. 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.

What does it mean to have a non compete contract?

Essentially, a non-compete contract is a legal agreement that prevents an employee from working for his or her employer’s competitors after leaving the business.

Can a non-compete agreement be signed in Florida?

Continued employment is valid consideration for a non-compete agreement in Florida. Florida statutes presume that non-compete agreements are valid. Truth be told, most employees don’t have the will or the resources to fight them.