Does a non compete clause have to be notarized to be legal?
Find answers to your legal question.
Does a non compete clause have to be notarized to be legal?
 
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donfletcheryh
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In essence any legal document has to be witnessed to avoid contention. You could argue that you did not sign it, and several handwriting experts could be called to testify in absence of witnesses.
So, a legal document need not be notarized to be legal. Even having a document notarized does not ensure that it is legal if the person alleged to have signed it claims it was not them that signed it, and the handwriting supports their contention.
A document bearing finger print and signature is rarely challenged. |
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S&S
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No. It just needs to be in writing and signed by the parties involved. |
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Rebecca M
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I believe non-compete clauses are invalid on principle. How can a company deny you an opportunity to pursue employment? I work in high-tech and that was a big thing in the late 90s - it was ruled that companies can't forbid employees or former employees from working for competitors. There may be some exceptions:
- If you agree to a non-compete in exchange for severance or separation payment (and it better be a lot!)
- If you are starting your own business that competes with your previous employer (I'm not sure about that actually, I'm just thinking it might be a problem).
- Similar to a non-compete, you can't take or share trade secrets or confidential company information if you go work for a competitor.
By the way, I know of companies that still ask employees to sign non-competes even if they aren't valid (just as a scare tactic).
Bottom line: I recommend checking with your local labor board on the validity of a non-compete. |
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john c
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Of course not. In most states a verbal non-compete agreement is invalid for two reasons. Both the size and term of the contract would require it be in writing; however, witnesses would be a matter of choice, not a requisite.
As Samuel Goldwyn said: " A verbal contract isn't worth the paper it's written on." The signature is all you need. Good Luck. |
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kapn
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Nope......... |
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