Legal Question in Business Law in Massachusetts

My non compete agreement was never dated is it still a legal document?

When I singed the non compete it was never dated by myself or the company. Does it have to be dated to be legal? Also the term of non compete is 2 years after termination. That means I can't work in my field for 2 years without being sued or the person I work for being taken to court. Is this a fair and reasonable amount of time or not? Am I violating my non compete by accepting another job 1 1/2 months after quitting the company I signed the non compete with? Can I legally go back to my field of work 3 months after quitting without having to worry about being sued or my new employer being sued? Please help me with all aspects of this problem that pertain to your area of expertise. Thank you.


Asked on 2/16/05, 8:07 pm

2 Answers from Attorneys

Re: My non compete agreement was never dated is it still a legal document?

Without reading the non-compete it is difficult to give you any substantive advice. Generally a two year non-compete with respect to its duration is not considered unconscionable. However, generally a non-compete signed by an employee can't be so broad so that they cannot work in their chosen field. The Non-compete needs to reasonable in its duration, scope and area.

The fact it was never dated does not necessarily make it unenforceable, as long as it was properly signed.

I would suggest you have an attorney do a quick review of the agreement and the possible impact on you and your current employer.

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Answered on 2/16/05, 11:33 pm
Barry Levine Law Office of Barry R. Levine

Re: My non compete agreement was never dated is it still a legal document?

The lack of a date would probably not invalidate the non-compete agreement. I concur with the other attorney's response. A two year period for the non-compete is, in my opinion, probably enforceable. On the other hand, Courts have recently determined that people are entitled to make a living. It would depend on the nature of your employment and position with your employer.

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Answered on 2/17/05, 6:08 am


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