Does it Matter if My Employer Didn't Countersign the Non Compete?
New Requirement for a Non Compete to be Fully Signed By Both Parties
We are often asked this question, as the only copy of the non compete an employee may have in their possession is what they signed and returned to the employer. If you are in this situation, you should first consider that there may actually be a counter-signed copy in the employer's files. This is part of your personnel record and you have a right to request it if you are in doubt.
Whether the absence of a counter-signature matters depends on when you signed the agreement. If the agreement was signed before October 1, 2018, it will be governed by previous common law, not the new Non Compete Act. Under common law, the contract was completed when you signed the document the employer offered you.
For newer agreements, however, the Non Compete Act requires that it be in writing and signed by both the employer and employee. It is not yet clear if a court would invalidate the entire agreement for want of the employer's signature, but it may be an argument available to you in case of a dispute over the agreement
Learn more here about the Massachusetts Non Compete Act.
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