HB 2992 makes noncompete agreements unenforceable unless the employer provides an employee with a signed copy of the agreement within 30 days after the employee’s date of termination. Presumably, “after the date of … termination” does not include the day on which termination takes place. Best practice would be to send a copy of the agreement with proof of receipt to the employee after termination, such as return receipt requested, certified mail, express mail with signature required, etc.

This requirement only applies to noncompete agreements entered into on or after January 1, 2020. Although generally a good practice, the requirement does not apply to noncompete agreements entered into before that time, or to other types of agreements like nonsolicitation agreements or garden leave clauses.