Non compete
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
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.