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Non-compete after offer accepted then declined

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  • Non-compete after offer accepted then declined

    Good morning:

    I had a question regarding a non-compete in massachusetts. I was extended an offer along with a non-compete that I accepted and signed. Approximately a week later, before starting my first day with the company, I rescinded my acceptance with the company. I was asked to return all company information, documents, keys, etc to the company and I did so. Approximately 1-2 days after, I was contacted by the company and asked to reconsider a new offer if they were able to put together terms that met my requirements. They did so and I accepted a new offer. The new offer letter states that the new offer supercedes any and all previous offers and renders said previous offers null and void. Upon acceptance of new offer, I never was given a new non-compete to review and to sign even though the new offer letter states that my employment was contingent upon signing a non-compete on or before my first day of employment. I was terminated from this company recently and was wondering if i have a valid non-compete with the company or not. I did request a copy of my employee records and they have included the copy of the non-compete I signed with the first offer that I accepted and rescinded at a later time. Thanks.

  • #2
    You will have to show the documentation to a local attorney. We cannot comment on the enforceability of an agreement we have not read.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I understand CBG your statement. I'm not asking in regards to the enforcability of the agreement, from what I know about non-competes, it is unenforcable. However, I'm hoping to avoid having to go to court to fight this thing. What I'm asking, is in this case regarding a new offer being extended, is a non-compete, any non-compete that was signed with the first offer and nullified by the second offer a valid non-compete? The non-compete I hold has no statements regarding leave of absences, rehiring, etc.

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      • #4
        Without knowing the terms of the agreements, we do not know if the one was voided by the other.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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