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

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?


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Attorney answers 3


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.


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 create an attorney/client relationship. My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. You should not act, nor refrain from acting, based upon any information contained within this answer. All the parties involved in this question have not been identified so I cannot determine whether I may have a conflict in this matter. Should it turn out that I have an attorney-client relationship with any of the other parties, my response to this question will not prevent me from continuing to represent an existing client. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.



worst come to worst the agreement is void or can he sue me for money or attorney's fees in that case?

Marisol Cruz

Marisol Cruz


Without seeing the agreement and learning specific facts, I cannot specifically answer that question. Generally, attorney's fees are the responsibility of each party, unless provided for in an agreement or by statute. As for the the agreement being void, if disputed, it MAY be found as void for failure of consideration. Again, you should consult with an attorney so that they may review the agreement and ask the appropriate questions in order to gather the necessary facts and information required to be able to fully assess your situation and give proper legal advice.


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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