Legal Question in Business Law in Texas

Non-Compete

I have quit my job due to differences with my boss. I had signed a non-compete agreement eight years ago. The clause stated: ''I would not start my own business or work for anyone else within a fifty mile radius of my current employers address.'' It was witnessed and dated when signed. It did not specify a length of time. I quit my job for six months about a year ago, and then came back. I did not sign another non-compete agreement with her then. We live in a town of 1800 people and the 50 mile radius does not seem fair nor does the non-compete agreement. I am wanting to open my own business in my home, but do not know if she can keep me from doing so. Any help would be greatly appreciated.

Thanks,

--name removed--


Asked on 4/05/03, 4:12 pm

3 Answers from Attorneys

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.

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Answered on 4/08/03, 8:52 am
Lawrence Maun Lawrence J. Maun, P.C.

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.

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Answered on 4/07/03, 10:32 am
Peter Bradie Bradie, Bradie & Bradie

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.

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Answered on 4/06/03, 4:21 pm


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