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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.