How to get around a non-compete and still hire the candidate?

You've found the ideal construction executive! The bad news is that after showing him your non-compete agreement on his first day, he feels blindsided and is refusing to sign. He's upset and you're about to lose a great construction executive. What do you do? The non-compete is required by many construction employers but should be discussed prior to a hire. Once an construction executive is hired it’s too late to require signing of non-competes, or testing of any kind as a condition for employment. The best thing to do is reach a compromise with the new employee. Consult with an attorney before taking any employment action.