What can I do about an expired non-compete clause that my employer is trying to enforce?

UPDATED: Jan 18, 2015

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What can I do about an expired non-compete clause that my employer is trying to enforce?

I am a salon booth renter and signed a contract over a year ago with a non-compete clause. After the 1 year contract expired ,I spent a year at the salon without a contract. The owner now wants me to sign another contract with another non-compete clause. I don’t want to, so she has asked me to leave. No problem, but she now says that I am still tied to the non-compete. I have a family to provide for and this would kill my business. There is a contract rent price and a no contract rent price. I have been paying the contract rent price for the last year, however the landlord has sent me a letter to recoup the difference of the 2 prices. I wrote her a check for that and she cashed it. Can she sue me for a non-compete within 15 miles?

Asked on January 18, 2015 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Whether the non-compete would still be in effect even though the booth rental contract has expired cannot be judged in the abstract, but only by the specific terms of the agreement (contracts are governed by their exact language) as applied to your  circumstances.

2) Similarly, whether under the circumstances of having accepted your rent at the contract price, she can seek the difference between that and the non-contract rent will also be based on the exact language of the agreement.

You are therefore advised to bring a copy of the agreement to an attorney who can evaluate it in detail with you. Only by looking at the agreement can a lawyer give you a definitive answer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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