Is an NDA/non-compete enforceable before employment starts?

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Is an NDA/non-compete enforceable before employment starts?

Currently, I have various offers from firms in my field. I have signed an NDA with a firm with an effective date of my start date. I have also verbally accepted another offer from another firm but not the same type of firm yet in the same industry. That being said I was wondering if the NDA/Non-compete in enforceable if I choose not to carry forward with the firm that I signed the non-compete with.

Asked on August 29, 2018 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they are enforceable before start date if the employer would have started you but you decline the job: once you sign a contract, its terms are enforceable against you so long as the other side has not breached or violated its obligations. Its readiness and willingness to perform (to give you the position) is "consideration" (a promise or provision of something of value) which binds the agreement, the same way that if you sign a lease for an apartment, if it is available  to you, you are bound to the lease even before the date you take possession of the unit and move in.


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