Non-compete voided if not notified by the company during the notification period?

[ZCode]

What is the name of your state (only U.S. law)? New York State

I left my company a while back, and in the contract company has a certain period after the termination date to notify me on how long / whether they want to enforce their non-compete. However, the window has passed and nobody contacted me. Does that mean my non-compete agreement is automatically voided? If they contacted me later, given that the notification period has passed, can they still enforce the non-compete agreement?

 

[ecmst12]

No one can comment on a contract they have not read. You will need to take your paperwork to a local attorney for review and opinion. It will cost you some money.

 

[cbg]

The only appropriate answer to any question regarding any kind of contract or non-compete agreement is, show it to an attorney in your state. The devil is in the details and we cannot assess the enforceabilty or other terms of a contract/agreement we have not read in full.

 

[tranquility]

Is this a non-compete in general, or is it specific to clients you've already seen? (As in home health care workers.)

Generally, non-compete contracts for employees are greatly disfavored. Unless there is a real limitation of time, place and subjects on what the company can enforce, they generally don't fly in a typical employee/employer situation. That changes when you're selling the business and make an arms length contact or if you have specific interaction with an individual client.

 

[You Are Guilty]

NY isn't quite as ardent as say, California when it comes to NCAs. Generally, if it is for 1-3 years and reasonably limited as to geographic scope (taking into account the type of work itself as well), they are usually upheld.