Legal Question in Employment Law in Alabama

Non-compete clause when employee is exiting

Hello,

I work, soon to be 'did work', for an IT company part-time. I never signed a non-compete clause in my 4 months of employment. I recently told my employer that I accepted an offer from a firm that I interned with last summer. The weekend before my last week of work, my boss(also the owner), emailed me a non-compete agreement. My present and future employer both work for the same U.S. Government customer. I may work with some of the same software with my future employer. Also, the wording was so vague, it basically stated, I couldn't work for another entity with the customer. After consultation with IT professionals, I informed my employer that I will not sign the agreement. First, he should have given me the agreement when I was hired, not as I was walking out of the door. Plus, I informed him that the wording was much too vague. I'm pretty sure he has no legal grounds to take action against me. Basically, I think he goofed by not giving me the agreement earlier and is looking to cover his butt. What is your opinion?


Asked on 2/08/05, 1:27 am

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Non-compete clause when employee is exiting

No, you do not have to sign the non-compete agreement. You are leaving them. They can do nothing to you but "fire" you. Tell them it's been fun and it's been real, but not real fun. Goodbye!

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Answered on 2/08/05, 10:24 am


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