WR fam, the hiring market is getting SPICY. Let’s talk non-competes.
Recently had an executive recruiter reach out to me about an opp. based on my experience on LinkedIn and great potential fit etc etc etc. The usual spiel.
Anyway, as always the client was kept secret until we spoke, where it came to light that they are a direct competitor to my old organization. So, being (A) a professional and (B) unwilling to get sued I brought it up.
The recruiter was slightly dismayed but agreed to present my profile and we said we can figure out the logistics later.
Anyway, I went back and reviewed the IP Protection and Non-compete documentation that I signed when I started at my old company, only to discover that while the letter was addressed to me at the top (name, phone number, address etc)... the very first clause, concerning the terms of the agreement were actually addressed to someone else. Clearly they use a template, and forgot to change the name.
So, my question: is this non-compete even valid? The way it reads is, I was basically sent a letter concerning the terms and restrictions placed upon someone else. I read the letter, signed and returned it, as requested. But none of this is legally applicable to me, correct?
This is a copy and paste of that first clause:
Dear [MY NAME],
This agreement confirms the terms and conditions associated with sales & account management services (“The Services”) to be provided by [THE WRONG NAME] (“The Employee”), to [THE COMPANY NAME] (“The Employer”).
The ONLY other concern I have is that at the bottom where I DocuSigned the agreement, my name is listed correctly next to “The Employee” and I’m signing against the bolded legal-language talking about “I agree to uphold the articles of allegiance and may you take my left arm and first-born child if I should breach such legalese as displayed above”
Thoughts dearest salvages?