Legal Question in Business Law in Texas
No Compete Clause standings in Texas
Is there any strength to a No Compete Clause in Texas? I left my last company and have stared my own company. When I left my last company they stated that they would try to uphold this clase to provent me from do the work that I have done for the past 9 years. I worked for them as a Project/Divison Manager for 2 years and brought my connections in the feild to help build the business. Some of these connections are personal friends of mine and want me to come back to do more work for them with my company. This Clause is found in the employee handbook that was recieved at start of employment and was signed for reciept of. After reading it completely over the next few months i found this clause but was not sure that I understood it and desmissed it. I can say that it was never brought to my attention when I first started with that company that I was going to have to give the very thing that I was working to achieve in my life of being able to have my own company. The term of the clause is for 2 years they say. I have been told that Texas is a right to work state for what that means. I have been told that I should have knowingly signed or initaled to this fact and/or been compensated before my employment with them.
2 Answers from Attorneys
Re: No Compete Clause standings in Texas
depends on the company and the facts surrounding it. you should speak with an attorney but depending on how things went before and after they may not be able to enforce it. however if they covered themselves, they may be able to. do you have the agreement?
Re: No Compete Clause standings in Texas
Unfortunately, the only answer is "Maybe", since the ability to enforce is determined by many factors.
If they're making noises about enforcement, you'd best promptly speak with an attorney in your area.
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