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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I was terminated from my employment (not due to personal

Customer Question

I was terminated from my employment (not due to personal cause) and 5 months later my employer is asking me to sign a non compete in return for a severance payment. is the legal or appropriate?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It's a bit far after the loss of employment for that normally, but it is not illegal to request a non-compete in return for severance. This is because severance is not legally required in any state in the country, so an employer has no obligation to offer it. Therefore, when they do offer it, they can place those limits and conditions on it that they want (provided that conditions themselves aren't illegal...like asking you to forfeit the right to file for unemployment).

On the facts you've given here, all I can say is that it is unorthodox but not illegal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.