3 ms·

Resign without signing the agreement. About the only way I would sign such an agreement would be if the company put two years’ salary in escrow for payment to

• dalke 15y ago
  Isn't it better to have them fire you than to quit outright? I think a future employer would prefer to see "fired because I refused to sign a two year non-compete" than to see "quit because I didn't like how management was acting." The latter is more ambiguous to interpret. Personally, I would treat it as a salary negotiation and ask for "garden-leave." See http://www.employmentlawgroup.net/Articles/ROswald/DefendingNonCompete.asp http://www.employmentlawgroup.net/Articles/ROswald/Defending... : "Before signing a non-compete agreement, an employee should request that the employer include a “garden-leave” provision in the non-compete. A garden- leave clause requires the employer to continue paying the former employee her salary and benefits in exchange for the employee’s agreement not to compete with the employer. This arrangement benefits both the employer and the employee because it gives employers necessary protection against unfair competition yet ensures that employees are financially secure during the non-compete period. While Virginia courts have not yet addressed the enforceability of a garden-leave provision, other courts have held that a former employee is entitled to garden-leave pay where she is unable to find new employment because of a non-compete." The Wikipedia entry on non-competes may be helpful: http://en.wikipedia.org/wiki/Non-compete_clause http://en.wikipedia.org/wiki/Non-compete_clause