Can an employer make you sign a non-compete when you quit?

Your Rights Non-Compete Agreements. A non-compete agreement is a contract between an employee and employer. While an employer cannot require you to sign a non-compete, they may terminate, or choose not to hire you if you refuse to sign.

What happens when you violate a non-compete?

Generally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you. In very rare cases, the court may prevent you from working for a competitor for the duration specified in the non-compete.

How do non competes work?

A non-compete agreement legally binds a current or former employee from competing with an employer for some period of time after employment ceases. Under such an agreement, the employee must not reveal any trade secrets learned during employment.

What happens if you violate a non-compete agreement?

Can my employer force me to sign a non-compete agreement?

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. Continued employment is valid consideration for a non-compete agreement in Florida. Florida statutes presume that non-compete agreements are valid.

What happens to a non-compete if you quit a job?

After quitting the job, an employee may want to start a new business in the same trade or profession, or work for a competing business. However, doing so could result in a violation of the agreement. Courts will look at different factors to determine whether or not a non-compete is reasonable.

How long does a non-compete have to be enforceable?

The non-compete must also be reasonable in terms of time. A court may find a non-compete unreasonable if it prohibits an employee from competing with an employer forever. Most courts will enforce a time period of six months to two years. For a non-compete contract to be valid, it must also be two-sided.

When does a non-compete clause take effect in an employment agreement?

Some employers require employees to enter into non-competition agreements before they can begin work. These agreements typically don’t take effect until after the employer-employee relationship has ended. While non-compete clauses are enforceable, courts often frown upon agreements that limit a former employee’s ability to earn a living.