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.
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Best wishes going forward!