non-compete VS firm offering illegal services
I am a drafter/CAD operator. I started with a new company, although I had a non-compete clause with my former employer, an engineering/surveying firm which stated I could not work for a competing firm withing a 25-mile radius for a period of one year.
I had CAD experience prior to starting with my former employer, and I had limited contact with the firm's customers. The reason I left it two-fold - 1)the new firm had better benefits, but most importantly, 2)I believe the firm was offering illegal services. According to the Texas Professional Land Surveying Practices Act, you must have a full-time surveyor at the firm, which it did not.
I got a notice from my ex-employer's lawyer telling me that they are aware of my breach of contract and can sue if my ex-employer want to pursue the issue. What happens now?
Answers (2)
Non-Compete agreements can be enforced in Texas but several specific criteria must be met. Because of the nature of non-compete analysis in Texas, such an agreement needs to be looked at by a qualified attorney to give you specific advice about your particular situation. I would recomend contacting an attorney now rather than waiting until you are served with papers from you ex-employer's attorney.
You can find more information regarding non-competes on our website at:
www.mckinneylaw.net
posted by Christopher McKinney | Oct 6, 2003 2:22 PM [EST]
You need to get to a local lawyer for a detailed analysis and to respond to the letter. Non-competes are difficult to enforce in Texas but can be enforceable if drafted correctly and there is proper consideration. I have an article about non-competes on my web site at www.houstonemploymentlawyer.com
posted by Trey Henderson | Oct 6, 2003 1:45 PM [EST]
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