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17 year old and a non Compete clause and non disclosure.

Largo, FL |

I have a non-compete clause with a cell phone repair company. When i signed it i was 17. Mine and the Companies signature was on the contract. I turn 18 tomorrow. 1/31/13 I have worked there for a long time and haven't gotten a raise so i'm going to go somewhere else that will pay me more money.
I would be a sprint technician. Only fixing phones that are sprint and under warranty so not the exact same as my place who fixes all phones.


Am i bound by this contract it is for during and during 2 years after termination.

they are giving us new ones and i wanna know if i can leave before i sign the next one. if they give us a new one will the old one still be in effect? should i sign the new one or no.

Attorney Answers 3

Posted

Probably not as you were a minor when you signed it and non-compete clauses are very disfavored in California.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

The law of non-competes is very idiosyncratic and varies from state to state. I would recommend consulting with local counsel who can advise you as to whether the agreement is binding and whether you have any exposure if you breach it. Looking forward to the more important part of this discussion, there are very few companies that will want to hire you if you have a valid and binding non-compete agreement in their industry. They will likely be even more upset if you do not inform them at the outset and they receive notice by being named as a co-defendant in a suit against you. One way around this could be that the acquiring company may be willing to negotiate with the former company and find a way to negate the agreement with some money changing hands. Be aware, though, that the acquiring company will probably want their own kind of non-compete and other contractual concessions from you in order to get their money's worth out of the deal. Happy birthday and good luck.

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2 lawyers agree

Posted

Non-compete clauses are governed by state law and vary from state to state. You need to consult a local lawyer and do so promptly before deciding whether to sign the new one or not.

No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

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