If I currently have a non-compete agreement with an employer and am looking to change jobs, how can this effect me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I currently have a non-compete agreement with an employer and am looking to change jobs, how can this effect me?
One aspect of the non-compete states, “5. Upon termination of employment, I expressly agree not to engage in or participate, directly or indirectly, in any business in competition with the company within 15 miles of all Company’s location’s to perform services for a period of twenty-four (24) months”. However, I know within my state most non-compete agreements are not enforceable.
Asked on July 30, 2012 under Employment Labor Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of most states in this country the non-compete clause such as the one you have written about between an employer and employee is invalid and void on public policy grounds.
The rationale is that the contract has no consideration given for it. Ordinarily, non-compete clauses are valid soley with respect to a sale of a business to prevent the seller from creating another business to compete in a certain mile radius from where the sold business is located.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.