Non Compete Clause
I recently got fired from an insurance sales job and went to work for the competitor 1 week later. The job is exactly the same job. I did not take any existing clients with me. Now my former boss is coming after me with the Non Compete. I NEED to work and I was fired. Does the reason I was fired have anything to do with the Non Compete being enforceable? How do Non Competes hold up in TX?
1 answer | asked Jul 21, 2004 09:06 AM [EST] | applies to Texas
Answers (1)
Firing has nada to do with agreement to not compete
The answer to your first question is "no;" the company with which you agreed to not compete has a right to enforce the contract against you. However, the answer to the second question is, "not well." "NonComp" agreements must be limited in term (usually a year or two), geography (varies, but several dozen mile radius has been upheld as reasonable), and there must have been "consideration" for the agreement. I would have to look at the agreement to see if the company "gave up something" that could be construed "consideration" for your agreement; it cannot just be your salary, but must go above and beyond the ordinary trappings of the job.
posted by Dana LeJune | Jul 21, 2004 12:08 PM [EST]
The answer to your first question is "no;" the company with which you agreed to not compete has a right to enforce the contract against you. However, the answer to the second question is, "not well." "NonComp" agreements must be limited in term (usually a year or two), geography (varies, but several dozen mile radius has been upheld as reasonable), and there must have been "consideration" for the agreement. I would have to look at the agreement to see if the company "gave up something" that could be construed "consideration" for your agreement; it cannot just be your salary, but must go above and beyond the ordinary trappings of the job.
posted by Dana LeJune | Jul 21, 2004 12:08 PM [EST]
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