Can an employer force me to sign or fire me if I refuse to sign a no compete clause?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer force me to sign or fire me if I refuse to sign a no compete clause?

I live in Hernando county Florida and work Monday through Friday in citrus county Florida. I clean

pools for a living and have all my life. I’m not making enough with my job and my wife is out of work 8 months pregnant. So I’ve started a small pool care company on the side. I use and buy my own

supplies and have never approached one of their customers about taking me on personallyas their

service person. I recently got screwed over by a customer I did a clean up job for. I ended up running into her during my 9-5 in the company’s work truck where I noticed she wrote down the name and number to the company I work for. I’m worried that she is going to call the company and tell them

that I have my own business. My employer asked me to sign a no-compete clause several months ago and it’s kind of slipped under the radar and they have forgotten about it period I have no intention of signing it and will refuse but I also will not steal their customers or use their products. I am wondering if I could lose my job if I refuse to sign or face any other repercussions.

Asked on June 12, 2017 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). This includes terminating an employee for refusing to sign a non-compete agreement. In fact, a worker can be fired for any reason or no reason at all, with or without notice. That is unless they have protection against such an action under the terms of an employment contract or union agreement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, your employer may terminate you for not signing a non-competition clause or agreement. Employment in this county is "employment at will." That means (among other things) that your employer may put any terms or conditions it likes on you keeping your job and working for them--such that you will sign a non-compete. You have the right to not sign and take the chance on being fired, but if they do fire you for this, the termination will be legal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption