I signed a non compete agreement agreement it expired in 11/2005. My employer stuck an extension in my file without me signing it.

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I signed a non compete agreement agreement it expired in 11/2005. My employer stuck an extension in my file without me signing it.

Is this valid or legal

Asked on June 24, 2009 under Employment Labor Law, Nevada

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Nevada lawyer, and much more importantly, I don't have a copy of your original non-compete agreement.  The agreement might have given your employer an option to extend it on his own.  I don't know if that would be valid under the law in your state, although it sounds unlikely.  Otherwise, a document that has the terms of an agreement that has never been signed is probably not binding.

For advice that you can rely on, you need to take a copy of the original agreement -- and the extension, if you can get a copy -- to a lawyer in your area, and discuss any other facts that he or she thinks might make a difference.  One place to find an attorney is our website, http://attorneypages.com

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  Noncompetes generally look to the time period of the restriction and the geographic area.  I would need to know what these are to evaluate whether or not the restriction is reasonable.  Usually, 2 years is  a reasonable period of time.  Any thing more than that must be examined closely.  I suggest having a lawyer look at the contract and determine whether it is reasonable.


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