Summary
The user was tricked into signing a non-compete agreement, believing it was a tax document. The user was not allowed to read or keep a copy of the document. The company has since issued a cease and desist letter. Misrepresentation or fraud in contract signing can potentially invalidate the agreement in Pennsylvania. The user should consult with an employment attorney for personalized advice.Full Conversation
If someone told me "i just need you to sign this paper for taxes for my accountant that says youre your own self employed and not an employee" and complains and says dont read it just hurry up and sign its just for my accountant its just for taxes. And then turns our they snuck in a non compete contract is that legal? After working fir the company for 8 years
What state are you located in, ****? This information will help me provide the most accurate advice regarding non-compete agreements.
Pa
What was the nature of the non-compete agreement that was included in the document you signed?
In Pennsylvania, non-compete agreements are generally enforceable if they are reasonable in scope and duration.
Can you be tricked into signing a non compete legally if you were told you were signing something else.
What were the terms of the non-compete agreement you signed?
In Pennsylvania, non-compete agreements must be:
- Supported by consideration
- Related to a legitimate business interest
- Reasonably limited in duration and geographic scope.
I was not told it was a non compete contract. I was told i was signing a paper for taxes.
Did you get a chance to read the document before signing it? Misrepresentation or fraud in contract signing can potentially invalidate the agreement.
I was told not to read it.
Did you keep a copy of the document you signed? Misrepresentation or fraud can potentially invalidate a contract in Pennsylvania.
I was not allowed a copy
What was the reason given for not providing you with a copy of the document? In general, it's important to always retain a copy of any document you sign for future reference.
No reason.
What actions have you taken since discovering the non-compete clause?
None
What type of work were you doing for the company?
Self employed artist
What kind of art were you creating for the company?
Tattoo
What is the geographical scope of the non-compete agreement? In Pennsylvania, non-compete agreements must be reasonably limited in duration and geographic scope.
Im not sure what that means
The geographical scope refers to the area where you're restricted from working as per the non-compete agreement. Can you tell me what area is mentioned in the agreement?
* miles for 5 years
In Pennsylvania, a non-compete agreement of * miles for 5 years might be considered reasonable. However, the circumstances of how you signed it could affect its enforceability.
I did not know i was signing it.
Did you have any witness present when you were asked to sign the document?
* other people forced to sign the same thing. Being told it was something else.
Did these two other people also not know they were signing a non-compete agreement?
Yes. As we were told it was just saying we are self emplyed for taxes
What actions has the company taken since you discovered the non-compete clause?
Send a sease and desist
What is the exact content of the cease and desist letter you received?