If I signed a Non-compete agreement in 1987, and now they want me to sign a revised Non-compete in 2

Is the first non-compete agreement still valid.

I do not have the entire question, but I understand it to be if the company wants to replace its non-compete agreement, does the first one remain valid (i.e. are you now stuck with two non-compete agreements?) The key is what they say. Typically, the second agreement may ompletely replace the first agreement or it may be an addition. Unfortunately, we would have to review the agreement. HOWEVER, we have found that most non-compete agreements are invalid in any case because they are too broad, you aren't getting something for them, or they are not reasonably necessary for the protection of the company. Any time you have a non-compete agreement, you should review it with an attorney. There are several ways this comes up: 1) If you are being asked to sign a non-compete agreement, you want your own attorney to look at it and determine if it is valid and if so, how much danger does it pose to you and can it be negotiated; 2) If you are leaving a company then the question becomes is the non-compete going to interfere with your getting other work. In the latter case you might find yourself trying to negotiate with the first company to permit you to take another job; or you might file a declaratory judgment action to have a court declare that the non-compete agreement is invalid. (YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE MAKING THIS DECISION because once you try negotiating, the company becomes aware of your intentions and may take action.) The other possibility is that the company files an action against you and you need to defend it. This is particularly difficult where your new company might terminate you. Please feel free to call us or one of the other fine employment lawyers here at MEL.
Aaron Maduff

posted by Aaron Maduff  |  Oct 30, 2006 08:53 AM [EST]