I signed a non compete agreement with my old manager position. I was demoted and transferred to anot
Original contract signed in 2013 when manager role was taken. In September I was demoted/transfered to a different manager role with another branch of the company. I had to reapply internally to get the position. My boss changed to a different person. Upon taking the new position I signed an agreement stating that I was aware that I am required to sign a "new non-compete and disclosure agreement" I never received a new non-compete agreement and therefore never signed it. I resigned shortly after that. Am I legally bound to the old non-compete or is that voided?
2 answers | asked Sep 22, 2016 08:33 AM [EST] | applies to Pennsylvania
Answers (2)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.
That being said, noncompetition agreements are tricky. If you received a promotion, and signed the agreement, you are likely bound even if you then lost the promotion. If you agreed to a new job knowing you would have to sign an agreement, but it was never presented, you may have an obligation to sign it when presented with it. This is a messy area of noncompete law; you should speak with an employment attorney ASAP to review the agreement, your new hire letter and the facts of your employment. It may be that the original agreement isn't valid for other reasons (noncompetes have a lot of drafting hurdles to clear before they are enforceable), and the promise to sign for the new employment won't bind you.
/Christopher E. Ezold/
posted by Christopher Ezold | Sep 22, 2016 2:04 PM [EST]
That being said, noncompetition agreements are tricky. If you received a promotion, and signed the agreement, you are likely bound even if you then lost the promotion. If you agreed to a new job knowing you would have to sign an agreement, but it was never presented, you may have an obligation to sign it when presented with it. This is a messy area of noncompete law; you should speak with an employment attorney ASAP to review the agreement, your new hire letter and the facts of your employment. It may be that the original agreement isn't valid for other reasons (noncompetes have a lot of drafting hurdles to clear before they are enforceable), and the promise to sign for the new employment won't bind you.
/Christopher E. Ezold/
posted by Christopher Ezold | Sep 22, 2016 2:04 PM [EST]
You should arrange a consultation with a lawyer to review the terms and conditions of all of your employment agreements, including the signed non-compete. Competent advice requires a review of the terms of the documents and other pertinent facts.
posted by Doris Dabrowski | Sep 22, 2016 09:56 AM [EST]
posted by Doris Dabrowski | Sep 22, 2016 09:56 AM [EST]
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