What invalidates a non-compete agreement?

I recently left a place of employment for 2 reasons. I was told they were closing and reopening under another name and couldn’t give security I would have a job. Also, they have had fraud charges brought against them which is something I don’t want to be involved in. I signed a non-compete agreement and it is very specific about the type of business that I can work for. I have since opened a business that does not meet the exact criteria spelled out in the contract. Due to the circumstances is the original non-compete valid or enforceable?

Asked on August 13, 2013 under Business Law, North Carolina

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 7 years ago | Contributor

The Non-compete has to be reviewed in its entirety .  As a general rule, a review would involve determining if the requisite elements for a bining contract were presennt when it was signed.  Additionally, teh non-compete must be reasonable in terms of duration and geography as well as reasonably related to protecting the employer's interests.  

Nothing you relate immediately, on its face, would indicate the non-compete agreement is unenforceable.  You must have the mater reeviewed by ecxperienced counsel. 

 

Maury D. beaulier

Attroney at Law

(612) 240-8005


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