Legal Question in Business Law in Texas

Re: Non-Compete

Also, you may consider speaking with an attorney because he/she can look to see if the agreement is no-enforcable. Issues like: has it ever been enforced; has it been waived; is it too broad; etc will likely need to be considered.

Re: Non-Compete

It seems to me that he issue is whether the origianl non compete is enforeceable. If yo were already employed when you signed it, it may not be. Generally non compete agreement contain equitable relief provisions, that is your formaer employer can get an injucntion prohibiting you from competing and also a liquidated damages provision. Read your non compete carefully for your former employer's remedies. If just injuctive relief is available your competing has little downside, although you may have to pay her attorney fees if she is successful.

Re: Non-Compete

There are too many variables to give you a clear yes or no answer. The non-compete must be reasonable as to scope, range, and time. The courts will adjust scope, range, and time if any are not reasonable, provided the agreement is a valid and enforceable agreement.

The ultimate question is whether she would try to enforce it.