Legal Question in Employment Law in Texas

Contracting at a company prohibited.
Background -
Sub Contracted to a consulting firm to implement a software package a company. Rolled off the project after 2 years of sub contracting.

Current situation:
As stated in contract with the consulting firm I waited 1 year after my termination date to contact the company where software package had been implemented. Talks with the company were very positive. The company and the consuling firm had terminated their maintenance contract and no long were doing business. In their contract it was stated that no person could work at the company for 1 year after the mainenance contract was terminated. In short, I will have to wait another year before I will be allowed to contract at the company. I feel I have lost upwards to 40,000 dollars in income because of this clause barring individual contractors from finding employment.

Question:
Is this legal in a Right to Work state?

Asked on 3/01/04, 12:45 pm

2 Answers from Attorneys

Roger Evans Mathis & Donheiser

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Re: Contracting at a company prohibited.

This type of contractual agreement is legal (and has nothing to do with "right to work" which relates to closed and open union shops), but you may be able to avoid its effect in your situation. You should contact an attorney experienced in non-competition and similar agreements to determine your legal rights.

Answered on 3/01/04, 12:52 pm

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