• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Never signed "non-compete" agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I'm in the state of Georgia.

I have resigned my position with my current company effective 3/9/06. The company requires all employees to sign a "non-compete" agreement. The agreement states, among many other things, that the employee can't work in the same industry (media) for two years following employment with the company. It also states that an employee can't work for any of our clients for a period of two years.

I was leery of signing it when I started with the company almost three years ago. I signed all my other paperwork and gave it back to my boss, but the non-compete didn't make it back into the folder and I never signed it.

Now, I'm going to work for one of our largest clients. Although I refuse to tell anyone at my current company where I'm going, they have "reminded" me several times about the stipulations of the non-compete and also mention that they have sued at least one previous employee for breaching it. Today, I demanded to see the copy I supposedly signed and they couldn't produce it (because I never signed one). My boss mentioned that she must have misfiled it, but because it is a requirement of the company for all new employees and I knew about it, I'm bound by it! Sounds like a load of B.S. to me.

Had I signed it, I know no one could advise me without seeing the actual agreement. But I didn't sign it, so is there anything they can do legally for me taking a job with a client?
 


Beth3

Senior Member
They can certainly TRY and even if they don't prevail, it still could end up costing you a lot of money. I suggest you seek the advice of a local employment law attorney before proceeding with the new job.
 

badapple40

Senior Member
Non-compete agreements are not favored. Most courts look at them skeptically. Seems to me that if you didn't sign it, then it is their bad.
 
badapple40 said:
Non-compete agreements are not favored. Most courts look at them skeptically. Seems to me that if you didn't sign it, then it is their bad.

I have to agree with this. You found the loophole and slipped through it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top