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Wrong corporate name on employment agreement
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I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the agreement invalid? They are trying to hold me to the non compete in the agreement.
I was also given 10% shares of the company for starting the business for them. We did a redemption agreement for a specific amount and they never paid me. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
Thanks
contract-law contract
New contributor
add a comment |
I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the agreement invalid? They are trying to hold me to the non compete in the agreement.
I was also given 10% shares of the company for starting the business for them. We did a redemption agreement for a specific amount and they never paid me. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
Thanks
contract-law contract
New contributor
2
"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago
add a comment |
I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the agreement invalid? They are trying to hold me to the non compete in the agreement.
I was also given 10% shares of the company for starting the business for them. We did a redemption agreement for a specific amount and they never paid me. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
Thanks
contract-law contract
New contributor
I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the agreement invalid? They are trying to hold me to the non compete in the agreement.
I was also given 10% shares of the company for starting the business for them. We did a redemption agreement for a specific amount and they never paid me. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
Thanks
contract-law contract
contract-law contract
New contributor
New contributor
New contributor
asked 11 hours ago
stevesteve
211 bronze badge
211 bronze badge
New contributor
New contributor
2
"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago
add a comment |
2
"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago
2
2
"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago
add a comment |
1 Answer
1
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votes
Does this mistake make the agreement invalid?
No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer.
Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
add a comment |
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1 Answer
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Does this mistake make the agreement invalid?
No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer.
Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
add a comment |
Does this mistake make the agreement invalid?
No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer.
Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
add a comment |
Does this mistake make the agreement invalid?
No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer.
Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
Does this mistake make the agreement invalid?
No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer.
Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.
In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
answered 10 hours ago
Iñaki ViggersIñaki Viggers
12.6k2 gold badges20 silver badges33 bronze badges
12.6k2 gold badges20 silver badges33 bronze badges
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
add a comment |
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
Worth noting that while a misidentification of a party when the intent of the parties is clear is unlikely to be a serious problem, that there are many circumstances in which a non-compete is nonetheless unenforceable, although this varies a lot from one jurisdiction to another.
– ohwilleke
6 hours ago
add a comment |
steve is a new contributor. Be nice, and check out our Code of Conduct.
steve is a new contributor. Be nice, and check out our Code of Conduct.
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"We did a redemption agreement for a specific amount and they never paid me": in that case, you may be a creditor rather than a shareholder.
– phoog
9 hours ago
You should just approach this from the standpoint of [in]validity of the non-compete. That depends on your jurisdiction, but generally, in many jurisdictions, they can't keep you from working in your area of expertise when they're the ones who chose to end the engagement.
– R..
1 hour ago