Is non compete invalid if I was never paid for employment?

I need some advice regarding a non-compete contract that I recently signed.

I took a job with a company on April 21st and had to sign a non compete contract with them. They made me some intial promises within the company and after about a week there I realized that they were not going through with them and the job was not what I had thought it would be. I had a direct conversation with the CFO on April 28th and we both came to the agreement that they hired my position too early and that they really wanted a part time employee. I asked them to not pay me and to consider that I never worked for the company--so I could continue to draw unemployment and get out of the non compete. We verbally agreed that my employment there never existed and I was not paid for anything durng the week of April 21st. I documented the 2 conversations that I had with the CFO.

April 28th-5:33 pm call log on cell my cell phone. I called the CFO and had a conversation with him regarding how things were not going to work out. Mr. Dern's comment "Lets just pretend that your employment never existed" I agreed.

April 29th- 3:33 pm call log on cell phone. Mr Dern called me to see if I would take the key back to the storage facility and I agreed that I would 1st thing in the morning. I also confirmed the non-existent employment. His comment was "It would just be easier not to mess with it"

I recently got offered a position to work with a company -(A company that I worked for in the past for 7 years) I was made an offer today and I explained to them that I had signed a non compete with a company but that we were in agreement that my employment there never existed. Again--I was never paid for any services.

My question regarding this whole thing is the company offering me the position is wanting a letter from the company I signed the non compete with stating that my employment never existed. I will be asking them for that, however if they do not choose to give it to me them I want to see what my options are. I am assuming that since my employment never took place then any contracts signed are null and void. It is also important to note that the non compete was not a separate agreement--it was within the agreement of employment.

I also have a copy of the non compete for you to view.

Thank you again,

Wade Mikulas

1 answer  |  asked May 5, 2003 9:25 PM [EST]  |  applies to Texas

Answers (1)

Trey Henderson
non-compete

Wade,

You need to pay a lawyer to review the agreement if you want a definate answer. My guess is that the company that "you never worked for" would be willing to provide a letter to your prospective company. Go to www.houstonattorneys.com for an article on non-competes.

posted by Trey Henderson  |  May 5, 2003 9:33 PM [EST]

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