I tendered my resignation this afternoon with my employer after five years where I have a solid working relationship with my boss. I asked about receiving my bonus before I left in which he reluctantly mentioned that I had to be employed to receive the bonus. He admitted that he wanted me to receive it and wanted to do what he could to ensure I did so. He later called me and asked if I would be willing to sign a non compete in order to get my bonus, because he had helped other employees get theirs by doing so. My problem is that I am leaving and going to a company that does, in an indirect way, compete with my employer. My territory is different and I would be selling other products, but they do offer similar products between the two. Would you recommend me signing the NC and getting the bonus, or do you see this causing issues for me with my next employer? Any advice would be greatly appreciated.
An attorney would need to review the terms of the non-compete agreement and find out more details about your new job in order to advise you. Some non-competes are unenforceable, if they are overly broad.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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