Is my non-compete agreement valid, if signed without receipt of the execution signature page and consideration?

UPDATED: Jul 13, 2012

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Is my non-compete agreement valid, if signed without receipt of the execution signature page and consideration?

I only just received the signature page (10 months later) and a $10 deposit once I asked for it for my records. The document may have also been signed today and post dated. Is this a binding agreement?

Asked on July 13, 2012 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, an agreement is enforceable even if one party did not receive a copy of it at the time. Also, if you signed it, then the fact that the employer did not sign it at the same time would not affect its enforceability against you: you evidenced acceptance of the agreement provided by your employer by signing, which is sufficient to find an enforceable contract. It is not clear what the $10 deposit is for--noncomplete agreements are normally enforceable without any need for  a de minimis payment to the employee, since the employee's continued employment constitutes more-than-adequate consideration for the agreement.

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