Non-compete-still binding?
I work for an advertising agency where I signed a non-compete agreement. That company was sold to a competitor. I would like to take a position with a client to start an internal ad agency. Is my non-compete still valid and can they sure me for being hired by a client to start their agency?
1 answer | asked Jun 4, 2001 9:19 PM [EST] | applies to Texas
Answers (1)
Non Compete Agreements May Still Be Valid
While Texas courts have historically not liked non-compete agreements, each agreement has to be analyzed separately. There is no quick answer to your question under the law. An attorney would have to review it with you to advise you as to whether it (a) ever was enforceable or (b) would continue to be after the employer is bought out by another company. You should also consider, and discuss with the attorney, the possibility that the employer could still file a lawsuit even though the agreement appears to be non-enforceable. There's an old saying that "you can beat the rap but you can't beat the ride." You need good professional legal advise to help you make an informed decision.
posted by Margaret A. Harris | Jun 5, 2001 09:59 AM [EST]
While Texas courts have historically not liked non-compete agreements, each agreement has to be analyzed separately. There is no quick answer to your question under the law. An attorney would have to review it with you to advise you as to whether it (a) ever was enforceable or (b) would continue to be after the employer is bought out by another company. You should also consider, and discuss with the attorney, the possibility that the employer could still file a lawsuit even though the agreement appears to be non-enforceable. There's an old saying that "you can beat the rap but you can't beat the ride." You need good professional legal advise to help you make an informed decision.
posted by Margaret A. Harris | Jun 5, 2001 09:59 AM [EST]
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