To be enforceable in Texas, a non-compete obligation must not only be a parallel agreement to another agreement, but must also be reasonable. The adequacy of a non-compete obligation is generally at the heart of any legal challenge that should arise. In fact, unreasonable conditions are the most common ground for cancelling a non-compete obligation. The terms of a non-compete obligation are often challenged because they are too broad. 12. I had a non-competition clause in my job, but I was fired. Can they impose it against me even if they have decided to fire me? In the broadest sense, a non-compete obligation is a legally valid contract that prevents an employee from working for a competitor of his employer after leaving the company. Alternatively, and more formally, called the obligation not to compete, this legal contract functions as a barricade of an employee working for a competitor identified in the agreement either by name or description for a specific period of time and in a specific geographical area. According to the industry, it is common for employers who require employees to sign a non-compete clause to be quite common. Although a non-compete obligation is supposed to be legally binding, there are certain cases in which it can be declared invalid. Yes.

However, whether it is legal for the employer to take adverse action against you – such as firing you or writing to you – because they refuse to sign depends on the circumstances of your case and may depend on whether the agreement the employer wants you to sign is enforceable under your state law. Contract law issues in your state can also be a factor in whether an agreement you are forced or threatened to sign is enforceable. One of them is whether your employer is required to pay you extra money or give you another consideration as discussed in the previous question. Has the employer made verbal commitments to get you to sign a non-competition clause and then not comply with it? You may have been told that the non-competition clause would only apply if you went to a particular employer, but your former employer does apply it no matter who you work for. Unless you understand the agreement you must sign; You have every right to read it carefully or to ask a lawyer to take a look at it. Never let a non-compete obligation prevent you from pursuing another profession and consider why it may not be enforceable. 13. I had a non-compete clause in my job, but I resigned after they asked me to engage in illegal activities.

Can they apply it against me even if they have done something wrong? 3. Is it legal to refuse me a job simply because I refuse to sign a non-competition clause? In some cases, you may be able to defeat a non-compete agreement. For example, if you can prove that accepting your new job does not violate the terms of the agreement, you should be able to accept your new position and your former employer will not be able to stop you. Be sure to read the terms of your non-compete code carefully to understand its limitations. The terms of the agreement may be more flexible than you think. A company`s investment in its employees, customer relationships and confidential information is too valuable to face unfair competition. MacElree Harvey`s lawyers can help you review your non-compete obligations and develop agreements tailored to your company`s unique needs. To schedule a consultation, contact Harry J. DiDonato at 610.840.0237, Robert A. Burke at 610.840.0211 or a member of our business law team. The scope of the non-compete obligation must be limited.

This is often the geographical area of the restriction. An appropriate restriction could prohibit an employee from competing within a few miles, depending on the region and population density. An inappropriate (and therefore unenforceable) clause could prevent the employee from competing across the state. For example, a non-compete clause signed in Chicago that restricts competition within a 5-mile radius may not be appropriate, while the same scope might be considered acceptable in a more rural area. If you choose to leave an employer with whom you agree not to compete, there is nothing the employer can do. In this case, be sure to make some sort of agreement with the employer so you can do what you want. Also make sure that the employer exempts you from your non-compete obligation with a signed document. If you`re feeling trapped by an impending non-compete clause, G&G Law can help! Contact us today to explore options for your future. It`s not enough that your employer simply doesn`t want you to bring your skills and abilities to a competitor. There must be a good reason not to compete. For example, if the employer has introduced you to all of their best customers, they may have a legitimate interest in preventing you from going to a competitor and attracting those customers. The goodwill developed in relation to the customer relationship gives the employer a competitive advantage.

They may want to prevent you from taking advantage of it, so they are entitled to protection. .