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I have a non compete from 4 years ago that is dated, I was let go last week, is this enforceable?

Laurel, MD |

I was a sales Director with access to company databses etc and I have not signed a non compete in the last few years. The agreement was dated on the sheets that were signed, is this enforeceable?

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Attorney answers 1


What does the Noncompete say? Usually noncompetes run either (1) for a set number of years from the date they are signed (not too common) or (2) for the Term of the employment plus a "tail" of any number of years (very common). Ordinarily you do not have to re-sign any noncompetes for them to be valid; they are valid or expired by their express language. The only exception is usually a written employment agreement that has a 1 year Term and is renewed each year and that does not have a separate non-compete tail provision.

You also mention that you had a prominent position with the company and that you have access to their proprietary database. That's not good. Even if the noncompete is not valid for some reason you will get sued in a New York minute if you go to work for a competitor for violating MD's Trade Secrets Act. Get a release of the noncompete.

Take the document and show it to a lawyer in MD. Even if it is legally valid it may not be enforceable because the employer breached its terms, etc.