How enforceable are non-competes?
Question Details: I have a friend that is being sued and her non compete was changed after she left from a 2 mile radius to a 10 mile radius. This will put a single mother out of work. She is a single fitness instructor not a corporation. Her old boss made her work environment so hostile she was forced to leave the old job.
The non-compete clause that is enforceable is the earlier one, at the time she signed an employment contract ( assuming she signed an employment contract and assuming the original non-compete clause was contained therein ). If the non-compete language was modified or changed after she left, that subsequent language is not contractually bindig on her. She never agreed to the new language and was not given additional compensation for it ( at a time, when she was still employed) The new language ( 2 miles ) is NOT enforceable!!!
