If you are a lower level employee with modest income you may not want to sign a non-compete or you maybe in for hard times. Let us say you are a secretary and the agreement forbids you to work as a secretary for two years. This would substantially impair your income ability. Most agreements provide that an employee can be terminated at any time, with or without cause. After two weeks at a job they inform you that you are terminated and because you signed a two year non-compete you can not work as a secretary.

Of course a court of law may or may not uphold the agreement. When seeking to enforce these covenants, the employer must prove to the court that the agreement is reasonably intended for the protection of a legitimate business interest of the company. Examples are trade secrets, valuable confidential business information, substantial relationships with specific existing or prospective customers, customer goodwill associated with an ongoing business, a specific geographic location, or a specific marketing or trade area, and extraordinary or specialized training.

Most non-compete agreements are written for the benefit of the employer, not the employee. Do not sign an agreement without first understanding what it says. Contact an attorney if you need help. Do not rely on the employers statement that if something were to happen to your job the company would not enforce the agreement. Company policies change regularly and if they would not enforce an agreement why would you be signing the agreement in the first place.

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