Upon leaving employment, does employee have to re-sign the Non-Compete Agreement?

If an employee leaves the company, is the Non-Compete Agreement only legal if it is resigned on their last day of employment or is it valid with their signature dated when hired?

Thanks,

Christine Carr

2 answers  |  asked Sep 21, 2011 12:09 PM [EST]  |  applies to Florida

Answers (2)

Arthur Schofield
Christine:

I've yet to see any non-compete which requires a signature upon resignation in order to be enforceable. It is normally enforceable once signed and they are generally designed to survive a resignation or termination. I would have to see the agreement to comment with any greater detail.

posted by Arthur Schofield  |  Sep 21, 2011 12:14 PM [EST]
Phyllis Towzey
It does not need to be resigned. Assuming there is no other reason why it would not be valid, it remains valid under Florida law.

posted by Phyllis Towzey  |  Sep 21, 2011 12:13 PM [EST]

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