Legal Question in Business Law in Idaho
No Compete Claus
I have an no compete agreement with my current employer, but the company name on the agreement is incomplete. Could this prevent the agreement from being a legally binding agreement? Also, do these agreements have to be noterized to be legally binding?
2 Answers from Attorneys
Re: No Compete Claus
Not having the company name correct is probably not going to help you at all. However, if the contract is not in writing and if it lasts for more than a year, it is valid. If it isn't in writing it may not be valid since contracts lasting for more than a year must be in writing. ........ These agreements do not need to be notarized to be valid. Even oral contracts are valid if they last for less than a year, so obviously, notarization is not a requirement for validity. My teleph # is 208-345-3817
Re: No Compete Claus
Generally. No, the incomplete name is not going to invalidate the non-compete clause.
And, no, they don't need to be notarized.
Obviously the contract is in writing (or how could the name be incomplete), which means that it
is likely valid. There could be other challenges to its validity, but they are long-shots.
In Idaho, non-compete clauses have generally been held to be valid for up to 5 years and 50 miles. If
your non-compete lasts longer or reaches farther, then you would have a good chance to have it limited to that time
or distance ... but it would not invalidate the contract.
Good luck, and if you need additional help, don't hesitate to contact me.
Todd Richardson
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