Non compete agreement after name change

[Nemoje]

Hello I have a question about the validity of a non compete agreement signed by my wife at her job three years ago. She has since changed her last name (marriage) and has no signed any other agreements or amendments. Would the non compete agreement still be valid and enforceable even though she mow has a different last name?

Thank you,
N

 

[quincy]

Hello I have a question about the validity of a non compete agreement signed by my wife at her job three years ago. She has since changed her last name (marriage) and has no signed any other agreements or amendments. Would the non compete agreement still be valid and enforceable even though she mow has a different last name?

Thank you,
N

What is the name of your state?

Noncompete agreements are handled differently depending on the state.

 

[Nemoje]

What is the name of your state?

Noncompete agreements are handled differently depending on the state.

Hi, thank you for your reply!
We are in New York.

 

[adjusterjack]

Would the non compete agreement still be valid and enforceable even though she mow has a different last name?

If the name change is the only issue, yes, it would be valid and enforceable.

Ditto credit card.
Ditto lease.
Ditto mortgage.
Ditto insurance.
Ditto phone contract.
Ditto ISP contract.
Ditto everything else she obligated herself to with her former name. She is still the same person who created the obligation.

 

[quincy]

Hi, thank you for your reply!
We are in New York.

Thank you for providing your state name.

Has your wife changed jobs since signing the agreement? If so, your wife should read over the terms of her noncompete agreement.

The name change is not a problem in enforcement of the terms but, if she wants to know if it's valid and enforceable after leaving her job, there are limits on what is enforceable (such as time limits, distance, geographic region, etc).

 

[Nemoje]

Thank you for providing your state name.

Your wife should read over the noncompete agreement. It should no longer be of concern after three years, regardless of name change.

Thank you for your quick reply.
A little more information - she has had several raises and I think a change of title since she last signed it.

 

[Nemoje]

If the name change is the only issue, yes, it would be valid and enforceable.

Ditto credit card.
Ditto lease.
Ditto mortgage.
Ditto insurance.
Ditto phone contract.
Ditto ISP contract.
Ditto everything else she obligated herself to with her former name. She is still the same person who created the obligation.

Thank you for your reply. It does make sense.. was just checking that this is the case.

 

[quincy]

Thank you for your quick reply.
A little more information - she has had several raises and I think a change of title since she last signed it.

The agreement your wife signed earlier would still be valid and enforceable with her name change. She might want to review the terms of the noncompete to see if it needs to be updated to reflect her new position with her employer, though.

Congratulations on your marriage.

 

[Nemoje]

The agreement your wife signed earlier would still be valid and enforceable with her name change. She might want to review the terms of the noncompete to see if it needs to be updated to reflect her new position with her employer, though.

Congratulations on your marriage.

Thank you! I mentioned the changes in compensation because I read of several cases in Boston where NCs were ruled invalid because the employee had changed titles or compensation. Our situation is delicate because she does not currently have a copy of the NC and does not want to ask for one from her employer as that would make her intentions of leaving very clear.

 

[quincy]

Thank you! I mentioned the changes in compensation because I read of several cases in Boston where NCs were ruled invalid because the employee had changed titles or compensation. Our situation is delicate because she does not currently have a copy of the NC and does not want to ask for one from her employer as that would make her intentions of leaving very clear.

The wording of the noncompete agreement is important. Many are rather generic and not job or title specific so the noncompete would still be valid and enforceable even with changes in position within the company.

If your wife leaves her current job for a position elsewhere, however, she will want a copy of the agreement. Any prospective employer (in a similar field) will probably insist upon knowing the terms and conditions.

Good luck.

 

[adjusterjack]

Our situation is delicate because she does not currently have a copy of the NC and does not want to ask for one from her employer as that would make her intentions of leaving very clear.

Life lesson from the school of hard knocks: Never sign anything without keeping a copy.

 

[cbg]

Thank you! I mentioned the changes in compensation because I read of several cases in Boston where NCs were ruled invalid because the employee had changed titles or compensation. Our situation is delicate because she does not currently have a copy of the NC and does not want to ask for one from her employer as that would make her intentions of leaving very clear.

Massachusetts laws on non-competes have always been, at least in my experience, fairly restrictive and also not quite in line with those of other states. You can't go by Massachusetts when you're in New York.

 

[quincy]

New York courts do not care for noncompete agreements all that much. If a legitimate business interest is being protected - like a trade secret - then courts will enforce the agreement. But courts in New York generally will not prevent a departing employee from seeking employment in the same field.

The actual wording of the noncompete is important, as would be the business interests that the noncompete is said to protect. The particular position held by the employee with the company is also considered.