Am I held to non-compete even though I never signed one?

UPDATED: Oct 1, 2022

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Am I held to non-compete even though I never signed one?

I currently work for company who recently lost their contract with the hospital I work at. I never signed a non-compete with my company but apparently my company and the hospital have a non-compete agreement. The new company that is taking over the the contract is offering me a position to work for them when they take over the contract at the same hospital. However, my current company is preventing me from getting the position because they are demanding money from the hospital if I work at that site. Holding me hostage My current company is not providing me with any other positions in the area I live and I am unable to relocate out of state. Can they do this to me?

and affect my livelihood?

Asked on June 20, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are not bound by a noncompete agreement you never signed: a noncompete agreement is a contract, and like any noncompete, only binds the parties who agreed to (that is, signed) it. So you are not bound by it. BUT if the employer and the hospital have some agreement that that you cannot work at or do work for the hospital, etc., that agreement is enforceable against the hospital--they cannot hire employees of your current employer if they agreed to not hire them. (This, by the way, is fairly common: when company A provides services to company B, B often agrees to not hire or otherwise utilize, even as contract workers, A's employees.) You can work anywhere that does not have an agreement like this, so they are not stopping *you* from having another job--but can stop an individual business or company from hiring you or working at its location, if that company agreed to not hire employees of your current employer or have them work at it's location.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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