How can you void a Non-compete issued under false pretenses or resign if I am not competing with them in my state because they have no office, representative or presencen

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How can you void a Non-compete issued under false pretenses or resign if I am not competing with them in my state because they have no office, representative or presencen

I signed a non compete agreement and would like to resign from this company. I was deceived about how they did business. They told me they marketed to a niche which is really just my friends and family. The person who came in to train was very rude and and the same person who told me about the niche. They want me to use deceptive marketing tactics to get referrals by telling people they may win a trip if they give me referrals. The non-compete says wherever this company is doing business you can’t work. I would be the first person for them to do business in this state because they have not started doing business here yet. I am a Public Adjuster and they are a Public Adjusting firm out of PA.

Asked on March 1, 2017 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You'd have to show that you were convinced to sign the non-compete by fraud, not just that the job (what it involved, how it was done, etc.) was fraudulent--that is, to void a contract, including a non-competition agreement, you have to show fraud (or material misrepresentations, or lies) was connected with the contract itself. Perhaps you can--but don't think that fraud about the job more generally would be enough; focus on fraud connected with you signing the agreement.
Also note that while courts do enforce non-compete agreements, they do "blue pencil" them to limit or cut them back if they are excessive in terms of geographic scope or duration. Generally, for example, for non-executive staff, an enforceabe non-compete would be limited to 6 months to a year.


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