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hi my name is robert shelley with shelley law and my law firm assists professionals with employment contract issues today im going to talk about whether an employee can refuse to sign a non-compete so if youre a professional its very likely the employer is going to make you sign some kind of employment agreement or perhaps an independent contractor agreement and most of the times a non-compete will be included in the employment agreement so a non-compete is a restrictive covenant and a restrictive covenant essentially stops the employee from doing something either during or after the employment relationship has been terminated so if a professional has been presented an employment agreement and it contains a non-compete the potential employee can certainly say im not going to sign the not compete if you want me to be a part of this company uh and then the company can say back to you unless you sign an occupy were not going to offer you the position so its a matter of negotiation