If the business name on my non-compete agreement isn't technically the legal name, is the non-compete still enforceable?

Asked about 1 year ago - Duluth, GA

For example if the legal name is Greener Grass Lawn Service, inc, but my non-compete is listed as Greener Grass, inc, is it still enforceable or does the error make it null and void?

STATE: GA

Attorney answers (3)

  1. Dean Richard Fuchs

    Contributor Level 13

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Probably still enforceable if you knew or reasonably should know that the two businesses are, in fact, one and the same. About 3-4 years ago the GA General Assembly amended the statute governing restrictive covenants in employment contracts, making them much easier for employers to enforce, and much easier for courts to modify them to make them enforceable. So, while it may make sense for you to have an attorney review the document for a formal legal opinion, my guess is that it is still enforceable, even with the technically incorrect name.

    This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-... more
  2. Bill W. Crecelius Jr.

    Contributor Level 9

    3

    Lawyers agree

    Answered . This misnomer does not necessarily invalidate the non-compete. Contracts are usually construed consistent with the intent of the parties, if that can be proven. Assuming you intended not to compete with Greener Grass Lawn Service, Inc., it may be enforceable. You might want someone to look at the agreement itself and advise you.

  3. Loren A Piel

    Contributor Level 8

    1

    Lawyer agrees

    Answered . While the misnomer may not impact the enforcement of the non-compete, there are other considerations that may impact it. A non-compete generally must be limited to a reasonable geographic scope and to a reasonable period of time. The analysis of the non-compete will be heavily dependent on the law governing the non-compete. I encourage you to contact a Georgia contract attorney to discuss the scope and validity of the non-compete.

    Disclaimer If this answer was helpful, please mark it as helpful or as a best answer. This answer is for... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,723 answers this week

3,004 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,723 answers this week

3,004 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary