New Non-Compete

[8675309]

Hi - I have been working for an employer for 11.5 years. 11 Years ago they had a very simple non-compete clause in the initial employment. contract. Now they have a much more complete restrictive non-complete and are saying sign it or be fired. If they fire me for not signing, would that be considered termination without cause since I have been a top performer for years?

 

[ElleMD]

No it is a termination for insubordination.

 

[army judge]

Hi - I have been working for an employer for 11.5 years. 11 Years ago they had a very simple non-compete clause in the initial employment. contract. Now they have a much more complete restrictive non-complete and are saying sign it or be fired. If they fire me for not signing, would that be considered termination without cause since I have been a top performer for years?

Here's the thing, 8675309, you've worked there for 11 odd years.
You haven't left their employ so far.
Sign the damn agreement, or you might be seeking a new employment situation.
They can't order you to sign, and they won't terminate you for not signing.
They need not tell you why they are terminating your cozy relationship with you, simply that they aren't that into you any longer.
Be smart, choose your fights carefully, choose fights you can win, or fights worth dying over.
This doesn't appear to fit in any of those categories.

The last place you want to end up is in a court room, because the judge will not care as much as your employer of 11 years has cared.

 

[Betty3]

Who knows - "maybe" the more restrictive non complete will not be enforceable (some are not-only a contract lawyer in the area can say). Anyway, sign it so as to not cause yourself problems.

 

[ElleMD]

Never, ever sign something hoping it won't be enforceable. Take it to a lawyer for review. If nothing else, to make sure you know the new rules. Know that signing may be a condition of continued employment. Just count on anything you sign being enforceable.

 

[Betty3]

Keep in mind also that even if the contract (non compete) is enforceable & you don't like the conditions, there could be consequences if you don't sign. However, having a lawyer look at it is a good idea so you understand it completely.