ABC Inc. hired Kaitlyn in 2014. In 2016, the company presented her with a noncompete agreement and said, "Here-sign this." Kaitlyn was concerned she'd be fired it she did not sign the agreement, so she signed it. Discuss whether the agreement is valid.

What will be an ideal response?


The agreement is likely invalid. In most states, if the noncompete agreement is signed after the employee has begun working, the employer should provide "fresh" consideration in the form of some material benefit, such as a salary increase, bonus, or award of stock. In this case, there was no consideration for Kaitlyn's noncompetition agreement, and thus, in many states, it would be invalid.?

Legal Studies & Paralegal

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