My employer wants me to sign a non-compete agreement. Is my employers legally obligated to give me a valuable consideration if i sign the agreenment?

Get Legal Help Today

 Secured with SHA-256 Encryption

My employer wants me to sign a non-compete agreement. Is my employers legally obligated to give me a valuable consideration if i sign the agreenment?

Mikethompson88gmail.com

Any advice would be great on the
matter.

Asked on July 26, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, but the valuable consideration is your continued employment--i.e. not terminating you. Unless you have a written employment contract guarantying your employment, you are an employee at will; an employee at will may be terminated at any time, for any reason; therefore, you have no "right" to continued employment; that means that continuing to employ you--something they are not obligated to do--itself constitutes valuable consideration in the law's eyes, and they don't need to give you anything else. 
However, if they don't give you anything else, then if you are terminated by them later, the non-compete will not apply, since at that point, they failed to give you consideration (employment) for your promise to not complete; you'd be free to complete, and the non-compete would effectively only bar you from voluntarily leaving (quiting; resigning) for another job. If they give you additional consideration beyond employment, that extra consideration would bind you even if you were terminated.


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 with SHA-256 Encryption