non-compete agreement - question around effective date

[SRang]

I signed a Non-Compete agreement when I joined the company here at US along with my other welcome formality documents. 

 

Here is the first 2 lines of the agreement along with the effective date mentioned on this agreement -  "This Non-Disclosure and Non-Competition Agreement is made by and between XX ("Employer") and  YY ("Employee"), to be effective as of nnth September, 2010."

 

In January 2014 the company circulated another Non-Compete agreement.This time the Non-compete agreement read like this "This Non-Disclosure and Non-Competition Agreement is made by and between XX ("Employer") and YY ("Employee"), to be effective as of nnth October, 2013."

 

The second time I didn't sign this non-compete agreement. However both the version of Non-compete agreement have the same Employee Responsibility and Restrictive covenants like "Employee should not engage directly / indirectly with client for 12 months after separation"

 

My Question:

1) Is the first non-compete agreement which I signed is still valid up to now?

Since I have not signed the latest Non-compete agreement which is effective from October 2013, Is it safe to assume that I don't have any NDA/Non-compete agreement with the company after October 2013?

 

2) Can my company stop me from joining client side directly/indirectly with any of the previous version of non-compete agreement?

 

Please share any suggestions/ thoughts you may have.

[rahul412]

 

My Question:

1) Is the first non-compete agreement which I signed is still valid up to now?

Since I have not signed the latest Non-compete agreement which is effective from October 2013, Is it safe to assume that I don't have any NDA/Non-compete agreement with the company after October 2013?

 

2) Can my company stop me from joining client side directly/indirectly with any of the previous version of non-compete agreement?

1. If you are still working for that employer then yes

2. Yes he can.

[JoeF]

Whatever you signed is valid.

[t75]

You need to consult an attorney in your location for a complete review of the documents. No one on a forum can advise you since law of this type is state and document specific.

 

You should assume that it is valid until it is determined otherwise.