QUESTION

Can I refuse to sign the work contract if the non competitive clause was not mentioned to me 3 years ago when I was hired?

Asked on Oct 29th, 2013 on Labor and Employment - Washington
More details to this question:
Hi. I work as a general practice Physician Assistant for a private clinic. I have been with them almost 3 years, working at will. They are now asking me to sign a 2 year contract that has a non-competitive clause. I live and work in the same area, I'm not interested in this. Can they do this even if it was never mentioned at my time of hire 3 years ago? Can I get out of this?
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8 ANSWERS

Yes, you may refuse to sign, but they may discharge you if you refuse. In GA, you may be discharged for this. In Ga, the employer may change the terms of employment at any time. For more info, Google this: Georgia, employment at will.
Answered on Nov 01st, 2013 at 8:22 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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They can do it, you need to take the contract and show it to an attorney.
Answered on Nov 01st, 2013 at 7:54 AM

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General Practice Attorney serving Bingham Farms, MI at The Niskar Law Firm PLLC
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You are not required to sign any agreement containing a non-compete clause. Most of the time, I advise clients NOT to sign such agreements. They can be financially devastating if enforced. However, it is my opinion that under Michigan law an employer can potentially terminate you if you refuse to sign it. You should talk to the employer about removing the non-compete provision in its entirety from the proposed agreement. Oftentimes, when the employee objects to the provision, the employer will back-down and agree to remove the provision because they want to keep a good employee.
Answered on Nov 01st, 2013 at 7:53 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Yes, you can quit and go work for somebody else that will include a non-compete clause in their agreements. Plus, this is a new transaction. Before, you could be terminated at any time.
Answered on Nov 01st, 2013 at 7:52 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If you are at will they can ask for changes, you can refuse and you can leave unrestricted. You need an attorney to help you with this. It is very doubtful that they want you to leave and therefore should be flexible.
Answered on Nov 01st, 2013 at 7:45 AM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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An employer in Wisconsin can make the signing of a non-compete a term of continued employment. Contact an attorney if needed.
Answered on Nov 01st, 2013 at 3:37 AM

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An employer can request you enter into an employment agreement and include a non-compete clause, even if an employment contract was not used before. Your employer can also terminate your employment if you refuse to sign.
Answered on Nov 01st, 2013 at 3:06 AM

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Civil Rights Attorney serving Seattle, WA at Teller law
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In Washington, non-competes can be valid if they are not overreaching (up to two or three years, with a reasonable geographic scope), and an employer can demand that you sign one as a condition of employment (i.e., if you don't sign it they won't hire/retain you), however there is good law that says if you don't get new consideration, then continued employment is not enough to make a contract. "Consideration" in a contract is what is received or given for the bargain. That's why deeds often say "for $10 and other good and valuable consideration" the property is being sold. In contract law, if there's no exchange of consideration there is usually no valid agreement. That is, signing a new non-compete without getting something new in return (in addition to continued employment) means that the new non-compete is not valid. You can find the case by looking up the name: Labriola v. Pollard Group. Short answer: Yes, they can do it but they have to give you something, e.g., $10.00 or a day of vacation or a raise or something, and it must be something to which you would not otherwise be entitled, and you need to get it in return for signing the agreement, AND continued employment alone is not enough to make it valid. It's probably worth the few hundred dollars it would cost to get a consultation that applies the law to your exact facts specifically if you are going to make an important decision over this.
Answered on Nov 01st, 2013 at 2:51 AM

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