Can a potential employer require that you sign a non-compete contract?

Asked over 4 years ago - Charlotte, NC

A potential employer requires RN's to pay for their own PACT certification ($35) then requires a non-compete contract. However, when that same employer can not guarantee enough work to be considered lucrative using the PACT certification, does that nurse have any recourse regarding the non-compete? Is this legal?

Attorney answers (1)

  1. Pamela A Wilson

    Contributor Level 14

    Answered . A "potential" employer can ask you anything but if you sign it you want to know if it's enforceable against you. That depends on whether the terms of the non-compete agreement are reasonable as to duration of time, size of geographical area and other factors. I would recommend running it past an attorney before signing it if you plan to stay in the area in the event the job doesn't work out.
    Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only. Laws differ from state to state and each case turns on facts specific to the case and parties thereto, thus this answer does not constitute legal advice, and should not be relied upon as anything more than a starting point or suggestion that the questioner seek professional assistance from a practitioner in your state or county/parish, practicing in your area of law.

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