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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116771
Experience:  20+ Years of Employment Law Experience
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How binding are non competes in Indiana? I was forced to

Customer Question

how binding are non competes in Indiana? I was forced to sign this after over 20 years of service without a non compete.
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I am going to. What if you are forced to sign or face termination?
JA: Please give me a bit more information, so we can help you best.
Customer: After years of service, I was presented with a non compete and refused to sign. I was strong armed into signing it or face termination. Shouldn't this have to be a terms of employee prior to being hired
JA: Is there anything else the Employment Lawyer should be aware of?
Customer: I am looking to start my own business soon and don't want to have this hanging over my head. The business will be similar to what I am doing now
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
The Indiana courts will allow an employer to obtain a non-compete agreement from an existing employee without any additional consideration other than continued employment. Such a non-compete agreement will be enforceable as long as it is reasonable and narrowly tailored to protect only the necessary interests of the employer and it is reasonable in its geographic scope and time limit (2 years is the maximum time that the Indiana court deems reasonable). See: Clark's Sales and Service, Inc v. John D. Smith and Ferguson Enterprises, Inc., 49A02-1306-PL-552 (IN 2014).
So, I am afraid that the employer can come to an existing employee in Indiana and demand to have them sign a non-compete in order to remain employed and the courts will hold them enforceable and valid.