Legal Question in Employment Law in Texas

Non-compete contract

I am in a niche industry and my Dallas based company recently got bought. The purchaser is based and incorporated in Ohio.

The new company wants us to sign a non-compete agreement in which we cannot go to work for any competitor (very broadly defined) for 12 months after separation be it voluntary or involuntary.

If we do not sign this non-compete agreement our employment will be terminated effective 9/9.

Is this enforceable in Texas, a right to work state?

The new company is incorporated in Ohio and states any disputes will be resolved in accordance with Ohio laws.

Thanks


Asked on 8/26/08, 11:10 pm

2 Answers from Attorneys
Roger Evans Mathis & Donheiser

Re: Non-compete contract

Yes, you can be required to sign the non-competition agreement. Whether it is enforceable or not is another question, but you should presume it would be. By the way, Texas is not a "right to work" state in the way I am certain you mean. This term refers to the right to work even if you do not join the union in a union shop. Texas an "employment at will" state meaning you can be fired for any reason, or no reason at all, unless the termination violates another, specific Texas or federal law.

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Answered on 9/08/08, 10:59 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Non-compete contract

Yes, the judges and legislators are "conservative' ie anti workers...in Texas

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Answered on 8/27/08, 9:31 am


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