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I work for a contract company for health care. The owners signed a non-compete for the employees of the company’s managers. However, I was hired after that. I never signed an employee handbook nor signed the managers’ 90 day training handbook which has a non-compete. I never received a 90 day training for the position; I was just thrown into the job. Since the owners of the health care are terminating their contract in about 2 months, is it legal for them to keep me from working for the owners since I didn’t sign a non-compete?

Asked on April 30, 2017 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A non-competition agreement is a contract: it only binds those who agree to it (e.g. sign it, or clearly show their acceptance of it in some other way). So you are not bound by any agreement you did not consent to. If the persons you wish to work for have some agreement which would prevent them from hiring or employing you, however, their agreement can be enforced against them (i.e. they can be prevented from employing you) even if doing so has an effect on you.

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 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.

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