Non compete and confidentiality agreement. I have an employee for 10 years.

Asked 5 months ago - Tampa, FL

We made our employees sign only a 4 lines non compete agreement when they start working 10 years ago. I redid a very professional non compete and confidentiality agreement. All 9 employees signed it, one employee doesn't want to sign it. No good reason given. I cannot even find the original paper he signed (again, only 4 lines).
Can I tell him if you don't sign you cannot work for me anymore or this may have negative legal consequences for me?
Can he argue this is a new request he didn't know when he got employed, or I owe him the money he will lose if i fire him (he is scheduled for few trips). or anything else
Basically is there negative consequences to make a cause and effect: if you don't sign this you cannot work for me anymore?

Thanks,

Attorney answers (3)

  1. Ruth Elaine McMahon

    Contributor Level 18

    2

    Lawyers agree

    Answered . To be safe, please consult a labor law attorney (one who represents employers) to advise you. You don't want to do anything that will prompt a law suit - especially in Federal Court.

  2. Marisol Cruz

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . As previously mentioned, you should hire a labor attorney to ensure that no future issues arise.
    I would like to comment that if your employees have been working for you and you are simply asking them to sign a new agreement that includes new terms that benefit you/your company but they are not offering anything new/additional in exchange, then the agreements could be found to be void for lack of consideration (bargained for exchange).

    This answer was provided for general informational purposes only and is not an offer to represent you nor does it... more
  3. Julie Beth Schwartz-Karron

    Contributor Level 6

    1

    Lawyer agrees

    1

    Answered . You cannot make his continued employment conditional on his signing the agreement. What I would suggest is to offer him new consideration (meaning, offer something, such as a benefit, day off, etc, in exchange for his signing). You will also want to make sure that your new agreement is reasonable in both time (number of years it restricts) and scope (location that it restricts). If you don't have his original signature it will be very difficult to enforce, and even if you did, a 4 line agreement is likely not strongly worded enough.

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