QUESTION
Non-compete issues related to restrictive covenants
Asked on Mar 13th, 2014 on Employment Contracts - Georgia
More details to this question:
I recently received an offer of employment from a competitor. For my current job, my employment offer letter states that I should have signed a restrictive covenant agreement on the first day of employment. HR never sent me this agreement to sign. Will I be bound by this agreement (which I have never read or seen) if I switch jobs? Can my current employee take legal action against me or my new employer?
1 ANSWER
You should not be bound by a covenant to which you never agreed (I'm assuming you didn't agree orally either). Moreover, restrictive covenants in employment are looked at with disfavor and are often either unenforceable or modified to reduce their scope. However, that doesn't mean that your old employer might not commence legal action against you and your new employer.
Answered on Mar 13th, 2014 at 2:00 PM