Is a non-compete agreement valid if it is not co-signed by the company?

I just received a copy of the non-compete agreement I had signed a few years ago and the HR coordinator pointed out that it had not been co-signed by someone from the company. He was concerned that it had not been signed by them and was curious if it was even valid. Is the agreement valid? If not, can they still sign it and make it valid? Thank you.

1 answer  |  asked May 6, 2013 4:02 PM [EST]  |  applies to Ohio

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Answers (1)

Bruce Elfvin
Any agreement requiring both parties to consent or agree can be viewed as invalid by the parties. A non-compete agreement in Ohio does not have to be entered into before employment starts and the Ohio Supreme Court has interpreted continuing employment as sufficient consideration for an agreement, so the employer that signs before the employment ends will propably win the argument on whether the agreement is valid, if never signed a Court may reject the agreement as never being agreed to by the parties.

posted by Bruce Elfvin  |  May 9, 2013 08:14 AM [EST]

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