3. Is it legal to refuse me a job simply because I refuse to sign a non-compete agreement? In the event of termination or expiry of the employment contract, the duration of non-competition in the above clause may not exceed two years for persons who work, manufacture or deliver products of the same category to another employer. Already in Dyer`s case in 1414, the English common law decided not to enforce the prohibitions on non-competition, as they were by nature trade restrictions.  This prohibition remained unchanged until 1621, when a restriction limited to a given geographical site was established as an exception to the previously absolute rule. Nearly a hundred years later, the exception became the rule in Mitchel v Reynolds of 1711, which provided the modern framework for analyzing the possibility of a non-competition clause.  Probably. Your employer may also claim “liquidated damages” if these are defined in the non-compete agreement. The liquidation of damages is a fixed amount that the employer and the worker accept in damages if the employee violates the agreement not to compete. However, not all liquidated damages are enforceable by law.
It also depends on the facts of each and the law of each state. On the other hand, the employer can take legal action to obtain what is called an “injunction” or injunction to prevent you from violating your contract. Since a violation of a no-competition agreement can cause direct harm to the employer, the Tribunal will often apply expedited procedures in these cases. Once your employer seeks an injunction or injunction, it can only be a matter of days or weeks before being heard by a judge. You may have very little time to keep a lawyer and discuss your case with that person, so be sure to question the help of an experienced work lawyer as soon as you know your employer is challenging your actions. The majority of U.S. states recognize and enforce different forms of non-compete agreements. Some states, such as California, Montana, North Dakota and Oklahoma, prohibit non-compete agreements for employees or prohibit non-competition clauses, except in limited cases.  This is why non-competition bans are popular with companies working in states where they are licensed.  They are widespread in commercial radio stations and television channels, particularly radio personalities and television personalities working for media groups.