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  1. #1
    Join Date
    Jul 2013
    Posts
    2

    Default Can I Be Fired if I refuse to Sign Restrictive Covenant and Confidentiality Agreement

    My question involves labor and employment law for the state of: FLORIDA

    My employer (a property management company) said they are going to terminate me if I don't sign this contract. I don't really agree with it and I voiced my concerns to my employer. Their response was that if I didn't sign it then they'd fire me!
    I don't even believe they have a policy in place which says that I do have to sign it or face termination.

    **What I would like to know is:
    Can they simply fire me I don't sign the agreement?


    Here is the contract which I'm having trouble signing. Thanks for being patient and helping me. Here is the two clauses stated in the covenant and agreement which I don't agree with. I left out the introduction and the rest.
    The four asterisks (****) symbolize the company name which I work for.

    2. RESTRICTIVE COVENANT
    A. EMPLOYEE expressly covenants and agrees that during the term of employment and for a period of twelve (12) months immediately following termination of his/her employment, for any cause whatsoever, so long as ****, or any company surviving ****, carries out the same business, EMPLOYEE will not for any reason whatsoever, directly or indirectly, for herself/himself or on behalf of, or in conjunction with, any person, persons, company, partnership , corporation or busness entity:
    1. call upon or solicit any property management account or customers of ****.

    5. EMPLOYEE AT WILL
    The execution of this agreement is not met by either party to change the employee at-will status of EMPLOYEE, and **** may discharge EMPLOYEE for any reason, at its sole discretion.

    Thanks again for your time and help.

  2. #2
    Join Date
    Jul 2010
    Posts
    3,710

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Yes, they can fire you if you don't sign.

  3. #3
    Join Date
    Mar 2013
    Posts
    4,585

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    I suggest you say no and let them fire you.

    Then collect unemployment until you find another job.

    A non-compete agreement is the kiss of death.

    Trust me on that. I was a victim of one once.

    You'll be pretty much unemployable in that line of work for the 12 months.

    PS: Don't say something like "go ahead and fire me." That could be construed as a quit.

    Just say something like "Sorry, I'm not signing it." Then shut up and stop talking about it.

  4. #4
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    162

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Quote Quoting Jeebz
    View Post
    My question involves labor and employment law for the state of: FLORIDA

    My employer (a property management company) said they are going to terminate me if I don't sign this contract. I don't really agree with it and I voiced my concerns to my employer. Their response was that if I didn't sign it then they'd fire me!
    I don't even believe they have a policy in place which says that I do have to sign it or face termination.

    **What I would like to know is:
    Can they simply fire me I don't sign the agreement?


    Here is the contract which I'm having trouble signing. Thanks for being patient and helping me. Here is the two clauses stated in the covenant and agreement which I don't agree with. I left out the introduction and the rest.
    The four asterisks (****) symbolize the company name which I work for.

    2. RESTRICTIVE COVENANT
    A. EMPLOYEE expressly covenants and agrees that during the term of employment and for a period of twelve (12) months immediately following termination of his/her employment, for any cause whatsoever, so long as ****, or any company surviving ****, carries out the same business, EMPLOYEE will not for any reason whatsoever, directly or indirectly, for herself/himself or on behalf of, or in conjunction with, any person, persons, company, partnership , corporation or busness entity:
    1. call upon or solicit any property management account or customers of ****.

    5. EMPLOYEE AT WILL
    The execution of this agreement is not met by either party to change the employee at-will status of EMPLOYEE, and **** may discharge EMPLOYEE for any reason, at its sole discretion.

    Thanks again for your time and help.
    (Un)Fortunately, this is a legal reason to fire an employee. You can go file for unemployment if you want, but your employer may claim this against you as "insubordination".

  5. #5
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Thank you all for your help. I figured there wasn't any actual alternative or solution. I've been working for them for 8 years and suddenly I have to sign this? Guess it's time to find another job then.

  6. #6
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,823

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Honestly, the only thing they're requiring of you is not to solicit their established customers if you move on to another company. I don't think that's unreasonable.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,560

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    ^ I was about to say that same thing. It is just saying that if you leave ABC Company to work at XYZ Company, you will not call ABC Company's leasees to solicit business.

  8. #8
    Join Date
    Mar 2013
    Posts
    4,585

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Quote Quoting mmmagique
    View Post
    Honestly, the only thing they're requiring of you is not to solicit their established customers if you move on to another company. I don't think that's unreasonable.
    1 - If it were only that, I'd agree that it's not unreasonable.

    2 - But non-compete agreements are more than just that. They are deadly.

    - - - Updated - - -

    Quote Quoting gmdahootersman
    View Post
    (Un)Fortunately, this is a legal reason to fire an employee. You can go file for unemployment if you want, but your employer may claim this against you as "insubordination".
    Sure, it's a legal reason to fire somebody. Almost any reason is legal as long as it's not violating any anti-discrimination laws.

    However, an "insubordination" challenge to an unemployment claim is very likely doomed to fail.

  9. #9
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,907

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    The non-compete would be legally enforceable because it is for a reasonable length of time (12 months) and is restrictive in its scope (company's existing clients). The company has every right not to employ a person who will not agree not to steal its clients. Their requirement in this regard is more than reasonable.

    The "at will" clause is unnecessary because Florida is an "at will" state anyway. Whether it is in the contract or not, that's how it is in Florida. Whether you agree to that clause of the contract or not is utterly meaningless. I would not suggest getting fired over something that is meaningless. A good employment attorney would review this and explain it to you. And perhaps help you keep your job.

  10. #10
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,420

    Default Re: Fired if I Don't Sign Restrictive Covennant and Confidentiality Agreement

    Quote Quoting Bubba Jimmy
    View Post
    The "at will" clause is unnecessary because Florida is an "at will" state anyway. Whether it is in the contract or not, that's how it is in Florida.
    Not always. There are employees throughout Florida and all the other 48 at-will states who are not at-will employees...because they have contracts that negate (often unintentionally) their at-will status. Many contracts erode or negate at-will employment unintentionally, so if you're writing a contract (as I do, often) and you want to make sure that your employees' at-will status isn't eroded by said contract, a clause like the one in OP's contract is a very wise clause indeed, and not at all "unnecessary."

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