After a year of employment in a sales position, my employer has asked me to sign a non-compete agreement even though my title and role have not changed. Can you really be made to sign this sort of agreement retroactively? I am in NYC if that means anything. I really don't want to sign this as it says i can't go to any direct or indirect competitors for a year. That is so broad. Thanks!
Signing the non-compete can be made a condition required if for continued employment, even years after the initial employment begins.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
If you think they will fire you if you refuse to sign, you may want to say that you want to show it to a lawyer before you sign. That may give them pause. Then your attorney can contact them to narrow the language.
In New York, continued employment is sufficient consideration to require a current employee to sign a non-compete clause. However, the clause is still only enforceable if it is reasonable as to scope, duration, and use. You should consult with an attorney to review the clause.
This does not constitute legal services or legal advice. Contact an attorney directly if you believe that you need assistance.
In short, yes. The continuation of employment is sufficient "consideration" for the contract. The situation reminds me of a post-nuptial agreement...far less common than pre-nups but still valid. I would not se this as "retroactive" because you are still employed there...this is prospective.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline