The Employee View
No, you do not.
Companies often want you to sign things at termination (noncompetes, IP agreements, NDAs, promises not to sue them...). You don't have to, because in this case they are not offering you anything meaningful to do so.
Usually if they are serious about having you...
This sounds like more of a reminder and an attempt to check the current employment, rather than "trying to get them to sign something". OP already mentioned (in the comments) that they have a pre-existing non-compete, that likely says the exact same info
I have to add that in some European country, for instance Italy non-compete clauses are void and null if there's no compensation (article 2125) in an explicitly written form and the places of work where the noncompete is valid should be also stated.
@MicheleL'Intenditore I believe that is also true with respect to the United States. That is even if OP signed the papers, they would be unenforceable. However, regardless it is just better to not sign them.
Right, don’t sign. Maybe they’re unenforceable. Maybe they’re “just a (unfriendly) reminder.” Doesn’t matter, you don’t sign your name to anything you don’t intend to live up to or have used against you.
@emory Maybe, but I have seen companies that include a mention of some nominal amount (like, "In return for the sum of $1 and other valuable consideration") that seems like an attempt to get around stuff like that.
@DJClayworth OP has to report where they now currently work, which is likely part of the non-compete clause. (At least, it is for mine). Sounds like standard corporate to me
@MicheleL'Intenditore What counts as valid, and is "condition of employment" not valid compensation? Does there have to be an explicit clause that says as compensation for the non-compete....
@mxyzplk-SEstopbeingevil "it's sure not your job to tell them where you're working now". Except that that part is literally in my non-compete clause...
@mars am I misunderstanding you or are you entertaing the idea of signing this? There is absolutely no resaon to sign this at the behest of the company until lawyers and a court order are involved which won't happen because the company doesn't stand to make enough money should they succeed. Do not sign this until you are ordered by a court to do so. There is no benefit to you. Only the company stands to benefit. Backdating would just open up more litigation avenues, no matter how benign, than they would have if you just disn't sign.
@Mars There is absolutely no reason to sign this. But there is MANY reason not to sign it, one of which being that the contract asks them to comply with foreign laws that holds no ground in europe ("I will comply with the non-competition and non-solicitation provisions of the At-Will Employment").
@mxyzplk-SEstopbeingevil (love the username!!!) can you please expand on this. What happens if you give me this sheet when I say "I quit" and I don't sign it nor do I agree to receive any compensation ? Can you do anything against me ? (I'm asking from the point of existing the company, not signing non compete while entering for instance)
@MichaelJ. Nominal consideration is not consideration. I do not know the boundary but $1.00 is not enough. Nonetheless if OP does not sign OP does not need to find out.
THIS ... in my country you have to PAY if you want the ex-employee from competing / working for competitors ... and telling them for what employer I work now is totally out of the question - especially if it's half a year ago that I worked for them
@zero298 a judge might (but probably would not) order OP to not compete with his former employer. Why would a judge order OP to sign a non-compete agreement when they could just order OP to not compete?
@MicheleL'Intenditore: that is also the case in Germany, where furthermore the non-compete is limited to at most 2 years and is binding only if the compensation is at least half the annual pay (wage plus additional benefits) for each year of the non-compete. Below that, it is not binding for the ex-employee. (There are further conditions that may make it non-binding, and the employee may have to declare within a deadline that they consider the agreement non-binding if they accepted it initially).
Good answer (+1) but feel compelled to add - "If I feel strongly about it [...] I can not actively help and recommend them and not consider them for re-hire" - don't forget this works both ways. If they feel you're being unreasonable by asking them to sign something they don't want to sign, or don't feel you're offering them enough, they can leave bad reviews, recommend against applying to your company to any contacts they have, and generally regard you as unprofessional.
That may be insignificant, but if that individual also has a wide network, lots of contacts or is active in a tech scene of their own, that could have much more damaging implications for your company than it could for that particular individual. (I've seen this very thing happen against a company more than once.)
Discussion on answer by mxyzplk - SE …
Discussion on answer by mxyzplk - SE …