Non compete

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Non compete

Is a non compete agreement enforceable for an independent contractor when the document only states employee/employees of the company. This pertains to a dog grooming salon in New Mexico.

Asked on February 24, 2016 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The law does not invalidate contracts for "typos" as long as it can determine what the actual intent was, and that the parties to the contract understood that. If a groomer gave an independent contractor a non-compete to sign and the contractor signed it, a court would likely have no problem enforcing the agreement, concluding that both parties understood what it was, that this employer was asking that person to sign a non-compete and that person did sign it, and that the failure to white-out "employee" and replace it with the word "contractor" is harmless/irrelevant error.


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