Is this legel?

What is the name of your state? TENNESSEE

I am starting a new job Monday at an overnight rental company. The employer wants me to sign a paper stating that if I quit or am terminated that I cannot work at another rental company with a 60 mile radiusof her company for 1 year. Is this legal or would it hold up in court?

Non-compete agreements such as you describe ARE legal. Whether or not the specific terms in your agreement would be considered enforceable depends on factors we cannot evaluate in this type of a forum. Show it to a local attorney.

AuntJen said:

What is the name of your state? TENNESSEE

I am starting a new job Monday at an overnight rental company. The employer wants me to sign a paper stating that if I quit or am terminated that I cannot work at another rental company with a 60 mile radiusof her company for 1 year. Is this legal or would it hold up in court?

Click to expand...

**A: what is an overnight rental co.? What items are rented ie. tools, equipment etc?

This is it.

Tennessee
This is exactly what it states.
"The Employee shall not, at any times during the period hereof, and for 1 year from the date of termination of this agreement, directly or indirectly, within a geographic area of 60 miles from the present location of the company, engage in, or become involved in, any competitive or similiar business as that of the within Employer."
It is just on a plain piece of paper. It wasn't notarized or anything. Would it still be legal?

Overnight Rental Company

It is a company that rents cabins and chalets on a nightly basis.

AuntJen said:

Tennessee
This is exactly what it states.
"The Employee shall not, at any times during the period hereof, and for 1 year from the date of termination of this agreement, directly or indirectly, within a geographic area of 60 miles from the present location of the company, engage in, or become involved in, any competitive or similiar business as that of the within Employer."
It is just on a plain piece of paper. It wasn't notarized or anything. Would it still be legal?

Click to expand...

**A: did you not read the response by cbg? Especially the last sentence?

Tennessee
Yes, I just wasn't wanting to go that far. Thank you.

AuntJen, there is no possible way for us to evaluate the enforceability of the agreement you have indicated. It depends on WAY too many factors which we just don't have access to, as well as how courts in your area have interpreted such agreements.

Besides, I think you are confusing "legal" and enforceable. It is legal for an employer to ask an employee to sign a non-compete agreement. Period. There is no question of illegality.

However, though the agreement is legal, the SPECIFIC TERMS may or may not be enforceable. A court might rule that the agreement as it stands can be enforced. It might rule that you can only be asked to limit your employment to a 30 mile radius for six months. It might agree to the year limit but lower the 60 mile radius. Or any other possible combination.

But it is not illegal, and it is not going to be ruled illegal, for the employer to ask you to sign such an agreement.

P.S. At least in my state, a notary's seal on an agreement means only that the people who signed it provided the notary with proof that they are, indeed, the people they say they are. A notary's seal does not have anything to do with the legality or enforceability of a document. I am a notary.