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User: Mujuro

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  1. Re:Slightly O/T 'non-competition'... on Microsoft Sues Google For Hiring MS Exec · · Score: 1

    I recently dealt with this at a small company. For the most part the enforceability of a non-compete varies from state to state (and it is enforceable in some states; i.e. MA). In your case the key is that you already work for the company. If they ask you to sign a non-compete as part of a contract restructuring they have to give you something in exchange (raise, promotion, some other form of compensation, etc.) If they do not, the non-compete is not enforceable. Even if you sign it it is not enforceable if they cannot show they gave you something in exchange. This does not apply when you are first joining a company because the act of getting the job is considered compensation for signing the non-compete. Unfortunately, that doesn't stop them from firing you if you don't sign, but then you could have grounds for wrongful termination. That would depend on the terms of your current contract.