Legal Question in Employment Law in Texas
Non Compete Enforceablity
On March of 2002 I signed a noncompete agreement with an employer. The contract however also stated that I was an employee at will and that employment could be terminated by either party with or without cause. After five months I decided the job was not for me and accepted a position with a competitor. My manager at the company I was leaving told me that he and the company would make my life miserable and that I would not be able to hide in a right to work state.
While trying to settle in my new job the president of the company I had left wrote a letter to my new employer informing him of the non compete agreement I had signed.
My employer responded by agreeing that I would not call on any customers that I had called on in my previous job.
While my employer was supportive of me, the letter from my previous employer did however dilute my position and did not help my career as my new boss was afraid of consuming resources in a lawsuit.
My question is can a previous employer contact an employees new employer in a right to work state?
1 Answer from Attorneys
Re: Non Compete Enforceablity
The answer is yes but at the risk of being exposed to legal actions for tortious interference of contract if the contact adversely affects the business relationship of ex-employee with the new employer.
Texas' right to work status has nothing to do with the employer's right to contact ex-employee's future employer. It neigther permits nor restrict such action.
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