non-compete
I am facing a lawsuit b/c I went to work for a competitor, after I got fired, and I had signed a Non-Compete Clause at my prior job. I am not sure how enforceable those are in TX. I did not take any client lists and there are no "trade secrets" that I am aware of. My boss is threatening me and said I'll be out thousands of $$$$ OR my new boss can buy me out of my contract, which he said is 10k. I can attach a copy of my non compete, if you like. I dont know of any other way to make a living and pay my bills, but to do this particular job. (life insurance sales)Its not like it's a very unique, different-type job where the former company will really lose out, b/c of me divulging any secrets or special knowledge. I think my ex boss is just bitter b/c I was his top agent. He could have written me up or warned me, instead of just fired me. Any information you can give will help.
5 answers | asked Aug 6, 2004 3:14 PM [EST] | applies to Texas
Answers (5)
I will not charge for up to thirty minutes of consultation by telephone after receipt of certain writen materials from you. My Office is in San Antonio but I also practice in Austin. Information about my firm is located at GilbreathFirm.com. Call Sharon if you want to set up a conference call. Good luck.
posted by Joe Gilbreath | Aug 9, 2004 11:09 AM [EST]
You need to consult with an attorney. While there are no Austin lawyers listed on this website, I went to www.nela.org and found this listing:
David Weiser - Kator, Parks, & Weiser, PLLC
812 San Antonio Street, Suite 100
Austin, TX, 78701
Ph: (512) 322-0600 Fax: (512) 477-2828
Email: dweiser@katorparks.com
posted by Margaret A. Harris | Aug 6, 2004 5:59 PM [EST]
Kathy:
I have the non compete you faxed, but you never called back, and never sent any retainer fee.
This is a complex issue, and will require at least an hour consult, and your ex-boss is correct, a lot more to defend you. However, if the agreement is not enforceable, your lawyer may be able to talk some sense into the guy BEFORE he sues you and your new employer...
Still waiting for the consult fee in Houston, I remain,
VTY
Dana LeJune
posted by Dana LeJune | Aug 6, 2004 3:48 PM [EST]
These cases are very fact specific. Non-competes ARE enforceable but only if properly drafted and the, only to a certain degree. If you believe your previous employer intends to seek and injunction and sue you and your new employer then you should sit down with an attorney and go over the agreement and your work history so he or she can give you an honest and informed opinion. It may cost you a couple of hundred dollars but it will be money well spent.
You might want to do a search on this message board as there are many many entries relating to non-competes. You can also look on my website: http://www.mckinneylaw.net for more information.
posted by Christopher McKinney | Aug 6, 2004 3:32 PM [EST]
You will need to have an attorney review the agreement and then give you some advice. Enforceability of non-competes in Texas is a complex issue.
posted by Trey Henderson | Aug 6, 2004 3:28 PM [EST]
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