What to do about a non-compete that I signed?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a non-compete that I signed?

I work as a personal trainer and mistakenly signed a non-compete that was not filled out. I have since left that gym and have been working with former clients outside of that gym, who had contacted me about training. I have also decided to start my own gym that’s 17 miles from the previous place of employment. Should I be worried?

Asked on September 21, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF you signed a noncompetition, it is generally enforceable as per its terms--and that includes if you are looking to go into business yourself as well as working for an existing competitor--though if it was too broad in terms of area (e.g. covers a whole state) or too long in time (e.g. more than 6 - 12 months), a court will usually "blue pencil" it to reduce it to an enforceable level.

You say that the "non-compete . . . was not filled out." If there were none of the critical or material terms on the agreement you signed--e.g. it didn't state the area  or duration covered--then you may be able to have the agreement voided on the grounds that there was no meeting of the minds, or agreement between the parties, since there were no terms to show what the agreement was.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption