If I quit so that I would not have to sign a new non-compete, is my previous non-compete void?

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If I quit so that I would not have to sign a new non-compete, is my previous non-compete void?

I quit because I was told via e-mail that I had to sign a new non-compete after 3.5 years to keep my job. I was not given any additional benefits to sign it and my commission was even cut by 80%.

Asked on May 17, 2011 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In many states, depending on the non-compete is written, and depending on that state's law, the non-compete may be void or it may still continue with the trigger being when you actually quit your job versus how long the contract has been around. Appears the company used a non-compete and the cut of the commission to push you out of a job. I don't believe a company can require you to sign a non-compete again to continue employment, it sounds somehow off. You may wish to consult (quietly and generally) your state's labor department, the U.S. Department of Labor and Equal Employment Opportunity Commission to find out if this practice in your field is allowable or if there is a particular violation (perhaps harassment oriented).


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