What to do about a non-compete that I signed?
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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 12 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.
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