Legal Question in Employment Law in Arizona

I have a non-compete agreement that I signed, governed by the laws of Arizona. I was forced to sign, or lose my job. In the 1st paragraph, the terms are stated as "1 year starting on the date of this agreement" and goes on to state that it renews on the anniversary date for an additional 1 year. However, then it states "either you or may terminate this agreement at anytime upon thirty (30) days written notice to the other." Does that last statement alone give me a simple out of this agreement?

Asked on 2/24/11, 12:22 pm

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Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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Probably not. And unlike in some states non-competition agreements in Arizona are enforceable IF they are properly drafted. (We deal with them all the time). The if" is a big factor because often the employer "shoots for the moon" and under current law may get nothing. It would probably be worth your while to set up an office conference with an attorney just to see what he/she thinks. Typically, we will discount our fee to a one hour consultation even tho we review the document in advance. Other firms may do the same. By the way if the agreement is enforceable, it can create potential claims against a future employer who will want a release from the old employer (which you and they won't get) - which means you can spend some time on the couch as unemployable for a while in your field. Because this can be "life altering" you need to know what you are doing and have some "back up." .

Answered on 2/24/11, 1:23 pm

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Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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I am curious how this turned out if you want to let me know.

Law Offices of Donald W. Hudspeth, P.C.

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