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Asked 5 months ago - Chicago, IL
FlagI understand that's not cool and employer will be very disappointed but If I really have to is there anything bad the employer can do against me? Can I be sued for that? Can the employer try to enforce the non-compete even thought I have never worked for it? Am I being too pessimistic and worrying too much?
I cannot give you an opinion without looking at your agreement. Speaking generally, however, if an employee has an at will agreement, he or she can quit at any time without liability. Furthermore, and again speaking generally, if an individual does not actually work for the employer, there is no legitimate business to be protected and the non compete is probably not enforceable.
Of course, this does not mean that an employer in such a case would not take legal action, even if it has no grounds to do so. I had a client in a similar situation where the employee threatened a lawsuit but it never took any legal action.
Again, no one can, or should, give you an opinion without looking at your agreement and reviewing all the facts. I recommend you consult with an experienced employment attorney. many of us, myself included, will provide a free initial consultation.
Unless the offer letter was signed by you and consttitutes a contract, you can quit before you start. The jilted employer can bad mouth you but not much else. This could be different if prior to you starting you were given confidential information such that it might be require the employer to invoke the non - compete.
An employment contract is not completely at will without bounds. The law imposes some bounds and your contract imposes some bounds. Your characterization of it as completely at will without bounds is preposterous. We would need to see the contract in order to know what the bounds are. The contract might very well specified that you will start work on a certain date and that the employer can recover damages if you do not do so. Obviously if you have contracted to work for them and then do not work for them. They suffer damages. They may very well be able to come back at you for damages. Take the contract to a contract lawyer or an employment lawyer and have it reviewed. There is nothing we can do for you here without seeing the contract.
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