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Fraudulent Inducement - or oversight?

Last week I signed an offer letter for a new job. There were no employment contingencies on the letter. I signed on a Wednesday, and told them I'd be resigning from my current position the follwing Monday.

After I resigned that morning, I notified the new employer. End of day Monday they send m3 a 2 year non-compete with strict language that they refused to alter, beyond reducing the term by a year. The language would clearly prohibit me from working in my field for a year.

Since they did this after resignation, they've put me in a horrible situation..,either needing to go back to current employer or sign their NS contract. Is there any legal recourse? Even if it's truly the "oversight" they say it is, it's a HUGE problem for me now.
Convivial · 26-30, F
I wouldn't trust them tbh... In my country all tend of a contract must be available when you sign it
goodlil666 · 51-55, M
I don't think they can hold you to that if you didn't sign a non compete when you accepted the position you are resigning from. You definitely want to consult qualified legal counsel. If it's an oversight that's on them.
AngelUnforgiven · 51-55, F
@goodlil666 i agree with you 100% do not sign anything after the fact. If you didnt sign it then it doesn't exist. Its a non deal and isn't valid. Just move on find something else and notify the new employees if you have to. Just be honest and say my last job is trying to bind me to a non existant contract that i did not sign . So my values no longer align with the company but i can be a huge asset to your company if you allow me the chance.
goodlil666 · 51-55, M
@AngelUnforgiven Great advice, still should get qualified legal counsel to be safe.
in10RjFox · M
Depends on the country you are in and how powerful legal recourse is. You may consult a lawyer and have the contingency revoked and still keep your job.
GeistInTheMachine · 31-35, M
All I can say from what little knowledge I have from pre-law is that you might want to consult a workplace specialized lawyer on this one. It's dicey.

You need real legal advice as per contract law.
Heartlander · 80-89, M
You might check with a lawyer. From a reasonableness sense it would only seem reasonable if you were indistinguishable from whatever is sold to customers; and even with that, 2 years seems excessive.

More reasonable would be restrictions on working with clients or in situations that would undermine the employer's interest or violate the trust between the company and its clients.

Also, to balance their restrictions, whatever they may be, what security are they offering you in exchange? Like if you become an at will employee and they terminate you on the 2nd day of the job would you then be bound to restrictions regarding future employment?
Ontheroad · M
First I'd check to see if non-compete is enforceable in your state, then I'd see a lawyer who specializes in labor/contract law. Only (as I remember it), 12 states fully allow non-compete agreements.
Is that a non-compete clause effective if you should leave their employment?
Their oversight; they are fundamentally altering the terms.

The job WITH the non-compete clause is not worth as much to you...

But these things have been struck down in the US...if they aren't still paying you, they can't keep you from being employed.
SunshineGirl · 36-40, F
I would take legal advice. If there was no mention of the non-compete clause in your talks with the company and the offer you signed, they are negligent in law and have potentially caused you injury.
DownTheStreet · 56-60, M
Non competes are pretty much unenforceable in the USA unless your C level at a large firm
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