Non Compete Non Solicitation

[steviej]

I have a non compete, non solicitation agreement, which by the way is far too broad in scope and geography. They are trying to get a TRO, which I can't see how they will be able to be successful with. The question I have is, I have just noticed that both myself and my HR at the time, signed but neither one of us dated it. It seems very interesting to me, very fishy. Does the non dating of the document give me any kind of argument in relation to that specifically?

 

[Michael Wechsler]

This is always done. My guess is that it will say that it will be enforced until the limit of law and, if stricken down by a court, to the maximum extent deemed permissible under law. The bottom line is how long were you at the company, how close were you to sensitive documents, and how long has it been since you were employed there. Typically it's not longer than a year and regional enforceability as a maximum - the law does not permit non-compete and non-solicitation agreements to be so harsh that you cannot obtain employment at all.