Legal Question in Civil Litigation in Texas

I have decided to return to a former employer and was in the process of being hired when i found out that i have a non- compete at my current employer,I do not remember signing it, but i did sign it. The two companies build similar products. I retired from my former employer (26 years) due to disagreements with management conditions and philosophy and went to work for my current employer. I decided to return based on the 2 hour commute,( moving is not an option), and the weather conditions that can make the commute dangerous, and the management conditions have changed at the former employer. My position at my current employer is that of a production supervisor, my former employer is offering me a Senior Assembly Manager position at almost 2x my current salary (I took a significant pay cut when i left to go to my current employer) , i need to point out that i made all the contact with my former employer, there was no recruiting on their part. My former employer is 10 min from my house and my wife still works there. I realize now (1 year later) that full consideration and the impact of decisions made were not thought through very well. I guess my question is, how can my position as a supervisor be considered important enough to restrict my ability to work where i live, i am not privy to anything i did not already know from years in the industry, i have no access to customers, engineering ( except to resolve issues on the production floor), vendors ( except that they use a lot of the same ones). I have little to no decision making input except how to meet schedule with the personnel available, the products being produced at both companies are built the same way with only the engineering philosophy being the difference. Both companies have seen and studied each others product and produce what each thinks the customer wants, anything i know will not change anything, i just build what they give me. Is there any avenue that will allow me to return to my former employer. I know i made a decision in haste, but i am stunned that my ability to make a living can be shut down like that. I know this long, but thank you for any advice you can give.


Asked on 10/18/14, 8:41 am

1 Answer from Attorneys
Robert Newton The Law Office of Robert Newton, P.C.

If you are being told that you cannot return to your old employer, then you should contact an attorney. No one can answer your specific question without seeing the documents involved. With that being said, non-competes are generally enforceable. There are things that could make them unenforceable, though.

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Answered on 10/27/14, 9:45 am


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