I signed a non compete form for my company in 2008, laid off in Feb 2010, rehired but in a position that didn’t require a non compete. Am I still bound?

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I signed a non compete form for my company in 2008, laid off in Feb 2010, rehired but in a position that didn’t require a non compete. Am I still bound?

Signed non compete in 2008. I was laid off in Feb 2010. I was rehired in July 2010 but in a position that didn’t require a non compete agreement and did not sign a new one. Am I still bound by the agreement signed in 2008?

Asked on April 7, 2017 under Employment Labor Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

Unless there was wording in the non-compete to the contrary, it ended upon your layoff. Accordingly, it could not be reactivated upon your re-hire. The only way for you to be restricted in future employment would be if your employer has you sign a new agreement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, their termination of you would have terminated that particular non-compete UNLESS the non-competition agreement itself, by its plain terms, stated that it would remain in effect during any subsequent employment by this company. Otherwise, if they want you to be bound again by a non-compete, they need you to resign a new one.


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