Can a company enforce a non-compete if I do not have a signed copy from them?

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Can a company enforce a non-compete if I do not have a signed copy from them?

I signed a non-compete as a independent contractor, however I never received a signed copy from the company. Is that a valid contract and can that be legally enforced? We are no longer engaged in business and I never received any compensation from said company.

Asked on May 31, 2012 under Employment Labor Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The noncompetitive agreement is valid and enforceable since you signed it.  The fact that you didn't receive a copy does not alter this.

The fact that you are no longer transacting business with that company does not affect the validity of the noncompetitive agreement because the purpose of it is not to compete with the company.  Also, the fact that you haven't received compensation does not invalidate the noncompetitive agreement.  You can challenge the agreement in court if you think it is overbroad.  A court may restrict and limit the effect of a noncompetitive agreement's duration, scope or geographical proximity.


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