Non Compete/Child Care Center
I was employed by a private day care center. As condition of my continued employment I was asked (as well as all employees) to sign a Non Compete contract after being employed for 1 month. The Day care center closed (notice was sent to employees and parents the day of the closing) on New Years eve. When I picked up my final paycheck I was warned I could not work in another daycare due to my contract. With the closure of the day care (now she claims she still has a license to operate therefore she didnt technically close) doesnt that leave the contract NULL AND VOID?
2 answers | asked Feb 18, 2004 5:06 PM [EST] | applies to Texas
Answers (2)
beating the rap, but not the ride
chances are good that the non-compete agreement is not valid since you were already working when you signed it. But, that does not mean that your former employer won't file a lawsuit against you to TRY to enforce it, which would cost you money to defend. I agree with Mr. Henderson's suggestion that you consult a lawyer in your area to look at the agreement and then brainstorm with you to come up with a plan that will prevent your employer from even trying to take you to court. Just because you are likely to win should you be sued doesn't mean that it won't cost you some money to get out of the lawsuit. You've heard of frivolous lawsuits? Well, they're brought by companies too -- not just the little guys.
good luck. and good for you for working in child care. we need more folks helping kids these days....
posted by Margaret A. Harris | Feb 20, 2004 08:04 AM [EST]
chances are good that the non-compete agreement is not valid since you were already working when you signed it. But, that does not mean that your former employer won't file a lawsuit against you to TRY to enforce it, which would cost you money to defend. I agree with Mr. Henderson's suggestion that you consult a lawyer in your area to look at the agreement and then brainstorm with you to come up with a plan that will prevent your employer from even trying to take you to court. Just because you are likely to win should you be sued doesn't mean that it won't cost you some money to get out of the lawsuit. You've heard of frivolous lawsuits? Well, they're brought by companies too -- not just the little guys.
good luck. and good for you for working in child care. we need more folks helping kids these days....
posted by Margaret A. Harris | Feb 20, 2004 08:04 AM [EST]
non compete
The fact that the day care closed does not necessarily void the non-compete. However, non-competes are tough to enforce in the first place. Did you receive any consideration to sign it other than employment at will? If not, it may not be valid. If you wish to compete, I suggest you have a local attorney review the agreement.
posted by Trey Henderson | Feb 18, 2004 5:17 PM [EST]
The fact that the day care closed does not necessarily void the non-compete. However, non-competes are tough to enforce in the first place. Did you receive any consideration to sign it other than employment at will? If not, it may not be valid. If you wish to compete, I suggest you have a local attorney review the agreement.
posted by Trey Henderson | Feb 18, 2004 5:17 PM [EST]
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