If my non-compete agreement was given to me within 6 days of my start date, is it still valid?

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If my non-compete agreement was given to me within 6 days of my start date, is it still valid?

What I am reading is that the law states it needs to be provided to the employee a minimum of 2 weeks prior to the employees start date. Does this hold?

Asked on November 15, 2011 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That is, unfortunately, not correct--at least not under the common law or the law of most states. An employee may be asked to sign a noncompete at any time before or during his or her employment--the employee's continued employment (since he or she could be terminated for refusal or failure to sign) consitutes more than adequate consideration for signing the agreement.

It is not impossible that your state has some specific law modifying the above, though again, most states (including many of the big ones--e.g. NY, NJ, TX) do not. You should consult with a local employment lawyer to be certain, and/or repost your question identifying your state.


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