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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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IF MY EMPLOYER AND WITNESS DIDNT SIGN MY NON COMPETE IS IT

Customer Question

IF MY EMPLOYER AND WITNESS DIDNT SIGN MY NON COMPETE IS IT VALID?
NO ONE WAS EVEN PRESENT WHEN I SIGNED IT AND NEVER GOT A COPY WITH THEIR SIGNATURE. iS THAT LEGAL?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 9 months ago.

I hope this message finds you well. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

If the employer did not sign the non-compete, and there was a signature line for them to sign, then this is not a fully executed agreement and therefore you have a good argument that it is unenforceable. Some other factors that can negate enforcement of the NCA are:

- Unreasonable in scope (i.e., the geographic limitation is too large);

- Unreasonable in duration (i.e., it is too long - normally if over 1 year, it is too long); and

- No consideration to sign (they have to pay you, even with your employment to sign it - if not it is unenforceable...if they provided this to you when you started, then being employed in consideration...if they gave this too you after you started and did not pay you extra, then there is no consideration and it is thus unenforceable).

In short, if they did not fully execute it though, it is likely unenforceable.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Best wishes going forward!

Expert:  Delta-Lawyer replied 9 months ago.

Any other questions?

Customer: replied 9 months ago.
There is a place for a witness and then Company Rep. Only I, the employee signed it. And if the witness should sign it, shouldn't they be present when I, the employee is signing it?
Customer: replied 9 months ago.
I am in sales but this company has caused me to lose customers due to not taking care of their bobtails. One month we had no transport tanker and I lost most of my fuel transport business we couldn't deliver. Our trucks kept breaking down and then we had driver issues. The billing dept keeps invoicing incorrectly, customers are getting mad. I lost 3 last week. POINT is ....the owners are pretty much blaming me for our sales volume of fuel to be down.. so, they asked to lets shake hands and go our own way because we just are not making it. He kept asking me to agree to part peacefully, about 6 times....... but he wouldn't fire me.......and I am NOT going to quit when I didn't do anything wrong. I just make a lot of money and they cut my pay by 50k per year to 15k salary and 5% commission. When I came on board, we sold nothing during the day and within a week I had 2 fuel bobtails delivering fuel to our customers.. The owner and I have met 2 times in 2 days and I told him I would let him know over the weekend or Monday. But, really? Pay cut of 50k? They are an extremely cheap and paranoid company. They think ALL OF US are stealing in some way....products or stealing time like drivers sitting on the clock, waiting to be directed where to go by the dispatcher. I have our conversations on record and he admitted that the failure was the issues of the company because our business is down. I signed a non compete but he is insulting my name in the City of Houston by not being able to deliver fuel to our customers. And i signed the non compete, no date..... but they never signed it and there is a spot where i signed, then one for the witness and then another for the Company's Rep. So only i signed it. Is the contract still valid without a witness being present and only my signature? Thanks
Expert:  Delta-Lawyer replied 9 months ago.
Based on what you have shared with me, it does not sound as though the NCA was fully executed and therefore is ineffectual. You are good to go.
Expert:  Delta-Lawyer replied 9 months ago.

Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks

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