Lawyer help - Unsigned contract?

[acehistr8]

I have a work agreement/contract as an independent contractor with the firm I am working for. In this agreement is a very poorly written, unrealisticly wide ranging non-compete clause which I never thought I would have a problem getting around come end of my contract, now I am not so sure.

Anyway, I signed the work agreement but my boss never did. Its sitting in a drawer in my office unsigned. Is this a legally binding document? In other words, if he tries to enforce it claiming it is in our agreement, but I go to court or to a lawyer and say yeah but he never signed it - am I still screwed?

 

[dawgball]

Ask Mike Price.

 

[h3]

answer depends on a lot of things. most states have statutes that speak to the enforceability of cov not to competes. generally, they are disfavored in the law. often, they are not enforceable against independent contractors. also, even when enforceable, they must be reasonable in duration and geography. states differ on what happens if scope of clause is too broad. some hold it is unenforceable, others say the court can rewrite to make enforceable, and others say the court can't rewrite but can hold portions unenforceable.

generally, a contract does not have to be signed or in writing to be enforceable unless there is a specific statute that requires it (statute of frauds). if this contract does not fall within your state's statute of frauds, it will be enforceable (subject to statutes dealing with noncompete clauses) if the parties agreed to it which can be proved through performance. in other words, if your "boss" has been paying you under that agreement and you have been performing under that agreement, a court will hold that everyone agreed to it.

just some quick thoughts. hope it helps.

 

[acehistr8]

Thanks h3, that helps a lot and is along the lines of what I have heard elsewhere. Basically the clause it says for 18 months I am not allowed to accept work directly or indirectly for anyone I've done work with for here at Treasury, or else I owe him 20% of my work. I mean essentialy it says I cant work for the government or anyone who does business with the govt. Now in DC that is about as impossible as it gets especially as an IT contractor. Luckily I have a fulltime offer in hand with another firm and I think their counsel is going to take a look at it. Thanks for the thoughts.

 

[h3]

my gut tells me that will not be enforceable. it would not be in ala. good luck.