Is a non-compete agreement legal if a notary wasn’t present?

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Is a non-compete agreement legal if a notary wasn’t present?

When I got employed at a company that cleans floors and performs emergency services for flood and fire damages. I had to sign a paper stating I would not work for a likewise company and that I could not start my own like wise company or I would be sued. I no longer work for this company and would like to start a business of my own in that field. There was not a notary present when I was made to sign the form, only the office manager was present and signed as a witness.

Asked on March 28, 2012 under Employment Labor Law, Pennsylvania

Answers:

Bradley Miller / Miller Law LLC

Answered 9 years ago | Contributor

The purpose of having a document notarized is to verify the identity of the person who signed the document. The notary confirms that the person who signed the document is who they said they were. The main reason someone will require a document to be notarized is to protect them in case the signer tries to say they did not actually sign the document. The notary can be used as a witness.

There are only a couple of instances where a document must be signed to be a valid. A non-compete agreement isn't one of those. So the fact that the non-compete was not notarized probably doesn't make it illegal or invalid.


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