what can I do
I signed non-compete, and work with current company as computer network administrator consultant. A year ago was sent to work for client to take care of their network system part time, now client wants to hire me full time. If I don't work for client full time, I will get sent home by current employer because slow business. Client whom want to hire me is willing to pay current employer remainder of their contract up front, still not enought. Thanks so much.
1 answer | asked Dec 19, 2003 01:09 AM [EST] | applies to Texas
Answers (1)
Non-compete versus Solicitation
First, you must be good at what you do! That's great that the client is willing to incur extra expense to get you on board full time.
Employers who get their employees to sign non-compete agreements have to be very careful about how they do it -- and what exactly they offer the employee in exchange for that promise. So, we see a lot of problems with non-compete agreements.
That said, you still don't want a lawsuit. Have you heard the saying, "You can beat the rap but you can't beat the ride"? Honesty is the best approach.
Make sure the client's lawyers have looked at the contract; and get an opinion yourself. Then there should be negotiations with your current employer up front about you accepting the position, and it being satisfied with the payment -- agreeing that it will not sue either you or the client for your taking a job there.
If the non-compete is not likely to be found enforceable by a Texas court, you should be in a good position to do well for yourself in these negotiations.
Good luck.
posted by Margaret A. Harris | Dec 19, 2003 4:43 PM [EST]
First, you must be good at what you do! That's great that the client is willing to incur extra expense to get you on board full time.
Employers who get their employees to sign non-compete agreements have to be very careful about how they do it -- and what exactly they offer the employee in exchange for that promise. So, we see a lot of problems with non-compete agreements.
That said, you still don't want a lawsuit. Have you heard the saying, "You can beat the rap but you can't beat the ride"? Honesty is the best approach.
Make sure the client's lawyers have looked at the contract; and get an opinion yourself. Then there should be negotiations with your current employer up front about you accepting the position, and it being satisfied with the payment -- agreeing that it will not sue either you or the client for your taking a job there.
If the non-compete is not likely to be found enforceable by a Texas court, you should be in a good position to do well for yourself in these negotiations.
Good luck.
posted by Margaret A. Harris | Dec 19, 2003 4:43 PM [EST]
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