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Employee Won't Sign a Non-Compete: Grounds for Dismissal?

By Albert J. Solecki, Jr. and Lori A. Mazur
August 01, 2003

A former employee may proceed with whistle-blowing and claims of wrongful discharge against an employer who fired her for refusing to sign a non-compete agreement. On April 16, 2003, the New Jersey Appellate Division (the Court) so ruled in Maw v. Advanced Clinical Communications, Inc. (ACCI), 359 N.J. Super. 420 (App. Div. 2003). In so holding, the Court concluded that terminating Karol Maw for failing to sign an agreement that prohibited her from working for any client or competitor of ACCI during and for 2 years following her separation from employment may well have violated New Jersey's strong public policy against unduly burdening employees by restricting their right to engage in their chosen field of employment.

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