Non-Compete vs. unethical business practices
Hi, I am a Consultant and signed a non compete agreement with a former employer. I recently accepted an offer at a new employer, which was a former client of my previous employer. The agreement states that I can not work for a former, current, and prospect client for 12 months after I leave the firm. I left my previous employer because they force me to lie to clients concerning my skills and experiences. I also signed the contract after 6 months of employement. Is the non-compete still enforceable?
Answers (2)
non-compete
I agree with Margie. You need to see an employment lawyer who is well versed in non-competes and have them review the contract. In Texas, there must be consideration for you signing the non-compete. My first question to you would be: What did you receive in return for signing the non-compete?
posted by Trey Henderson | Jul 2, 2002 10:50 AM [EST]
I agree with Margie. You need to see an employment lawyer who is well versed in non-competes and have them review the contract. In Texas, there must be consideration for you signing the non-compete. My first question to you would be: What did you receive in return for signing the non-compete?
posted by Trey Henderson | Jul 2, 2002 10:50 AM [EST]
Unclean Hands
Maybe not. First of all, you would have to find out whether the promise to not compete would have been enforceable anyway, regardless of the ethical problem. If it would not have been enforceable anyway, that's all you need to know. But, if it might have been enforceable, you may still have a defense. There is a doctrine that has developed over the years in the law that is called unclean hands. If someone wants the judge to order someone else to do (or not do) something, the requesting party had better not have done something that was not ethical. You should go see a lawyer who knows about employment laws, preferably one who is registered with this web site.
posted by Margaret A. Harris | Jun 22, 2002 9:59 PM [EST]
Maybe not. First of all, you would have to find out whether the promise to not compete would have been enforceable anyway, regardless of the ethical problem. If it would not have been enforceable anyway, that's all you need to know. But, if it might have been enforceable, you may still have a defense. There is a doctrine that has developed over the years in the law that is called unclean hands. If someone wants the judge to order someone else to do (or not do) something, the requesting party had better not have done something that was not ethical. You should go see a lawyer who knows about employment laws, preferably one who is registered with this web site.
posted by Margaret A. Harris | Jun 22, 2002 9:59 PM [EST]
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