If I signed a non-compete with my original contract. and 2 years later the contract changed but I refused to sign the new one, does the original one stand?

Signed a non-compete with the original contract. Then 2 years later a new verbal contract was made; it lowered my salary and raised commission. About 6 months later my boss asked me to go full time commission. My employer sent me a new contract and I wouldn’t agree to it. He fired me 13 days later. Now he is saying I am still under the original non-compete. Is that true?

Asked on July 18, 2012 under Employment Labor Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under most laws of all states in this country, the non-compete clause that you signed as an employee is invalid per se under grounds of public policy.

I would have a business attorney review your non-compete agreements. If you were fired as an employee for not signing the second non-compete clause, you may have a wrongful termination action against your former employer.

From what you have written, I suspect you are under no valid non-compete agreements.

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