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Can I get out of my employers non compete if I, 1- never…

Customer Question
Can I get out...

Can I get out of my employers non compete if I, 1- never received an offer letter along with the non compete, 2- if I signed the non compete as a non manager but recently my role changed to management and have not yet been presented with a new non compete, 3- if I signed the non compete but never received a copy showing both my signature and that of my employers representative signature?

Lawyer's Assistant: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?

Only HR. I brought up my points to them and they replied that they are looking into it

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union so I suppose I am "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess not. I've asked my HR department to confirm that my current non compete is no longer valid based on the items I mentioned and I am waiting to hear back from them

Submitted: 5 months ago.Category: Employment Law
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Answered in 8 minutes by:
3/21/2018
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Employment Law
Satisfied Customers: 4,697
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

There would be no non-compete to get out of if you state that you never signed a non-compete.

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Customer reply replied 5 months ago
I signed it but as I understand to make it legally binding a rep from my company also needs to sign it. Is that correct?
Employment Lawyer: Olivia Kent, Attorney replied 5 months ago

In general, it IS signed by both sides b/c that's the nature of a contract - A agrees to do/not do something in exchange for B agreeing to do/not do something. But it not have to be. Your employer can simply state that you're being employed in part in exchange for your signing of a non-compete. Does that make sense?

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Customer reply replied 5 months ago
That does make sense. Do you know about the other points I mentioned that if a non compete is invalid if is states it goes into affect along with the "offer letter" but I never receive an offer letter?
Customer reply replied 5 months ago
Also my role has changed from the time I first signed it. Does that affect it in anyway?
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