Can my employer make me sign a no compete agreement that breaches the terms of my contract

As in often the case in legal matters, the answer is, it depends. If you did not have a written contract, then the answer would be yes, the employer can make you sign the noncompete (or fire you if you refuse). However, if you have a written employment contract that sets forth what the employer can and cannot do and guarantees you a specific term of employment (i.e. a number of years), then the employer cannot arbitrarily change the terms and conditions of your employment (including adding a noncompete) UNLESS the original contract allowed the company to do so. However, it sounds from your question like you may already have signed the noncompete. If that's the case, then you will likely be bound by it. Bottom line -- there are two many variable here for a lawyer to give you any meaningful answer without actually reviewing the two contracts. I suggest you consult with an attorney before doing anything drastic, like leaving your job and joining a competitor.

posted by Phyllis Towzey  |  Aug 26, 2012 4:00 PM [EST]