Legal Question in Employment Law in Tennessee
Non-compte agreements after the fact?
When I began my employment, we were not asked to sign a non-compete agreement. However, well after the fact, with a similiar business coming to the area, we're being asked to sign them. Two parter: a) can I be fired if I refuse to sign? b) How would my present employer find out if I violate it when I leave?
1 Answer from Attorneys
Re: Non-compte agreements after the fact?
Unfortunately, your present employer can fire you if you fail to sign the noncompete agreement. Tennessee is an at-will state. This means that your employer can fire you for good, bad or no reason at all.
The other side of this matter is that noncompete agreements can be difficult to enforce in Tennessee. They are enforceable, but the employer has to meet a fairly high threshhold of proof in order to obtain enforcement.
The last part of your question is that there are a number of ways for your former employer to discover your new employment. Before you breach a noncompete agreement, it is best to obtain consultation with an attorney who handles a number of these types of cases. If you need to consult with us, I can be reached at [email protected].
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