Location: MA. I was laid off from a small company earlier this year. When hired, I was given a non-compete that, from what I recall, restricted employment with competitors within a 30-mile radius for several years (I no longer have a copy). I raised concerns about the lack of a garden leave clause, and HR told me verbally on the hush hush that I didn’t need to sign it and they wouldn’t tell the owner. I never did.
However, my signed severance agreement states that I acknowledge the “continued validity” of the non-compete I supposedly signed upon hiring and that its obligations survive termination. I received two weeks’ severance.
I’m now considering employment with another company in the same industry, located outside the 30-mile radius.
Can the severance agreement make an originally unsigned non-compete enforceable?