Questions Regarding Non-Compete Agreements and Inventions
Hello,
My question is in regard to whether or now the non-compete my company made me sign is enforceable here in Texas.
Here are the circumstances:
1. No mention was made of the requirement to sign a non-compete until after I had already quit my other job and moved to a new city to take this new job. When I showed up for my first day on the job I was made to sign this and other documents.
2. I was not given any time to adequately go over and think about the non-compete nor was I given the opportunity to negotiate any of the points.
3. I was led to believe that this was a requirement for employment, but since then I have found out that some other employees in my same position and with the same title (hired within the same time period) did not sign any such agreement.
I am still working at the company and not looking to leave soon, but there is a particular item that concerns me. Here is the section in question:
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Employee agrees that all Inventions which Employee makes, conceives, reduces to practice or develops (in whole or in part, either alone or jointly with others) during his employment shall be the sole property of Employer and Employee hereby assigns such Inventions and all rights therein to Employer. Employer shall be the sole owner of all rights in connection therewith.
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The problem is that I have several ideas for several different inventions which do not fall anywhere near the industry or business interests of the company, and I would like to pursue these things on my own time with my own resources. However, the non-compete seems to be so broad as to include anything and everything I do whether it's on company time and resources or not.
Is this even enforceable or is there any way around this for my ideas that have nothing to do with anything the company would be interested in?
Thank you!
Answers (1)
Your questions are much too complicated, and important, to make your decision based on legal advice someone might give you for free on the web.
A good lawyer would want many more details about your job, etc. before giving you an opinion on your non-compete agreement.
Ditto on the invention questions.
Find a lawyer who has been practicing in the employment law field for awhile. Don't go to a general practitioner. To find such a person, look at the lists maintained at www.nela.org and/or www.telaonline.net.
Good luck!
posted by Margaret A. Harris | Feb 5, 2007 3:01 PM [EST]
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