What constitutes a valid non-compete agreement?

I was informed yesterday will be laid off at end of month. I have requested a release waiver from my non-compete and am getting some pushback from my employer. I obtained my copy of the non-compete and noticed 2 things. First, the top of the the agreement where the date and my name and address info is blank, never filled in by my company; second, on the signature page, my signature is the only one, my Employer never signed it. Does the ommission of information and signature make the con-Compete null/void?

Asked on January 11, 2013 under Employment Labor Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of pretty much most states states in this country a non-compete clause between employer and employee is invalid on public policy grounds. The only time non-compete clauses are enforced is when there is a sale of a business and goodwill is designated as part of the purchase and consideration for the non-compete provision.

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