Help! I signed an unfair non-compete agreement. Now what?
Question: When I started my job, I signed a non-compete agreement without really trying to understand it. Now I’m ready to leave the company. But, after reviewing my non-compete agreement, it sounds like I’m prohibited from working in any capacity in my industry, anywhere in the country, for two years! I think I signed an unfair non-compete agreement. What should I do?
Answer: A business has the right to protect its proprietary information and goodwill with non-compete agreements. But, a Texas court may refuse to enforce a covenant not to compete agreement if the agreement contains unreasonable limitations as to the time, geographical area, and scope of activity to be restrained or if the agreement imposes a greater restraint than is necessary to protect the goodwill or other business interest of the company. The inquiry into “reasonableness” is fact-specific; a two year term may be unreasonable for some employees but reasonable for others. To gain clarity on whether a court would likely enforce your non-compete agreement, you should speak to an employment law specialist. An employment law specialist can work with your current employer (and your prospective employer) to try to narrow the prohibitions of the unfair non-compete agreement before the situation escalates into litigation.
To speak to Dallas non-compete lawyer or employment law attorney at Rogge Dunn Group PC please send an email to info@RoggeDunnGroup.com
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