Can employer withhold severance if I do not sign new compete. Is an old unsigned non-compete valid ?
Hi
I have worked with a company selling technical solutions to large retailers across the US. Due to restructuring, I will be laid off. I asked whether the company has any non-compete which I may have signed. They provided me with a 2 pager unsigned document. They say that this document would have been e-signed by me on etrade, when they gave me stock options in 2009. Looking at etrade, I could not find any copy of this document. Called etrade, and they say that they do not hold any documents beyond 7 years (supposedly 6 years is required). But I did get the stock options in 2009.
I am pretty sure my current company would not have a signed copy of this document - we have been acquired since then and a lot of attrition from HR / legal has happened.
Questions based on this:
1. Is the unsigned non-compete enforcable by my company. The document says that this for granting stock options, and stock options were granted. But the document I am provided is not specific - has no name, no date and is unsigned.
2. The company will probably ask me to sign a new non-compete on my last day (in 2 weeks). If I refuse to sign this new non-compete, can they withhold my severance pay.
I work in MA, company was HQ in PA. The non-compete says it is "in accordance with the laws of PA".
Regards
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