Can a non-compete agrement be unenforceable if an employer did not sign it?
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Can a non-compete agrement be unenforceable if an employer did not sign it?
In this case, the employer forgot to sign next to his typed name. In addition the agrement states a compensation of X annual salary which was not met because they did not pay for 1 month. Would that mean they breached what has been stated in the agreement?
Asked on February 13, 2016 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) If the employer drafted and gave the employee the non-compete, then doing so was the offer and the employee's signature the acceptance; the non-compete would be enforceable. Often, the signature of the party which creates and controls the agreement (i.e. the one who puts it out as a "take it or leave it--and suffer the consequences" proposition) is not needed to make it enforceabe.
2) A description of X salary means that the rate is $X per year. It doesn't guaranty payment every day, week, or month--it goes to rate, not amount or frequency. That said, a failure to pay salary for a month *could* be a breach, IF there was no valid reason for failing to pay; but if there was some valid reason (e.g. the employee started work later than contemplated; employee took unpaid FMLA leave or some other unpaid leave or sabbatical; employee was furloughed or suspended; etc.) for the nonpayment, it would not affect the enforceability of the agreement.
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