Q: Employee Non-Competition and Confidential Information Agreement" enforcement.
Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire dealer. My ex-employer did not pursue me with the agreement. About a year later, they wanted me to come back and I did. I did not sign a new agreement. Is the agreement from 2002 still valid since I left the company for a year and they did not pursue me for working for a competitor?
A: Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the document 3 years or more. Such an agreement from 2002 is no longer valid.
A: To answer with 100% certainty, an employment lawyer would need to review the terms of the original agreement. However, most non-competitive agreements are valid for a two year period. Given that the document is now more than twenty years old, it is likely unenforceable. Again, for absolute certainty, ask an employment attorney to review it for you.
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