If there is a discrepancy in the terms of a non-compete, is it still enforceable?

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If there is a discrepancy in the terms of a non-compete, is it still enforceable?

I signed a non-compete with my current employer. Upon review of the non-compete (as I’m looking to resign from my current employer), the contract states terms for a different state in which I live. I assume this happened because the HR person who drafted the contract wrongly assumed I worked in the same state as my hiring manager but I have been a remote employee working from home since my hire date. Does this contract “hiccup” render a non-compete null/void or would it still be enforceable?

Asked on December 13, 2011 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would still be enforceable, unfortunately; courts do not invalidate contracts for typos and the like. Rather, a court, if there was some dispute as to the enforceability or intrepration of the agreement, would look to interpret and enforce it in light of what had been the demonstrable, or least probable, intent of the parties at the time of signing.


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