Non-Compete Agreements
INDEPENDENT CONSIDERATION IS REQUIRED IF A NON-COMPETITION AGREEMENT IS NOT ENTERED INTO AT THE BEGINNING OF OR ANCILLARY TO THE EMPLOYMENT RELATIONSHIP. A prospective employee applied for a part-time position with a company. The applicant was offered and accepted a full-time job. The employer sent a letter confirming the employee’s acceptance of the position but did not mention that it wanted the employee to sign a non-compete agreement. The employee was not given the non-compete agreement until her first day of work. The employee left several years later to start a competing business, and the employer sued claiming she was... Read More