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I work for a contract company for health care. The owners signed a non-compete for the employees of the company’s managers. However, I was hired after that. I never signed an employee handbook nor signed the managers’ 90 day training handbook which has a non-compete. I never received a 90 day training for the position; I was just thrown into the job. Since the owners of the health care are terminating their contract in about 2 months, is it legal for them to keep me from working for the owners since I didn’t sign a non-compete?
Asked on April 30, 2017 under Employment Labor Law, Wisconsin
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
A non-competition agreement is a contract: it only binds those who agree to it (e.g. sign it, or clearly show their acceptance of it in some other way). So you are not bound by any agreement you did not consent to. If the persons you wish to work for have some agreement which would prevent them from hiring or employing you, however, their agreement can be enforced against them (i.e. they can be prevented from employing you) even if doing so has an effect on you.