How binding is a non-compete?
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How binding is a non-compete?
I work for an eyelash company and got an offer to work at another eyelash place
that offers more services. The agreement that I signed was not notarized.
Asked on August 15, 2018 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A non-compete need not ne notarixed in order to be enforceable. That having been said, in NJ non-competes are enforced by the court if they are “reasonable” in scope. Such an agreement is generally considered reasonable if it (1) protects a legitimate business interest of the employer; (2) is not injurious to the public; and (3) does not impose an undue hardship on the employee. With respect to the latter, a non-compete will not impose an undue hardship if it is reasonable in geographic area, subject matter and duration. Further, a judge will also be less likely to find an undue hardship on the worker if they quit their job as opposed to being terminated.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Notarization has NO effect on the enforceability of an agreeent, including a non-compete: all notarization does is provide an additional layer of evidence that you are the person who signed and is not required for contracts, agreements, etc. Only certain documents (e.g. wills and powers of attorney) typically require or at least benefit from notarization.
The fact that state you are from is listed wrong would be regarded as a typo or harmless error by a court and would not affect enforceability.
Non-comperes are enforceable in New Jersey.
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