"Non compete" clause

[Daniel32]

Most non compete agreements are worthless. There are so many loopholes to get you out of them. It all comes down to the verbiage. I'd read it through and go from there but personally I wouldn't sign one.

Most common loophole people use is different job title/description. Most non competes state you cant take the "same" job at a rival company.

[6.5 shooter]

Always thought Texas was a right to work state and Non-Competes were just a piece of paper...Nothing more than that....

^^^^this!

[txdukklr]

chase this advice is right

he cannot hold income earned

he can fire you for not signing it


I moved companies in my 30's and the company i left fought the company i went to. I'm not sure what is cost my old company but it cost me and my new company a little north of 500k. I won on a technicality having to do with geographical change.

they aren't worth what they are written on . . . . but they can be pursued and a person taken to court for them. You'll probably win . . . but still will take time to fight.

[stickbowcoop]

I have had a few employers require it to be signed when extending a job offer. As in sign this or you don't get the job. I don't think I have had one come up after I was already an employee.

If they say sign it or you're fired and I was in the financial situation to be unemployed while I searched for a new job, I would probably call their bluff and see if they fired me for not signing. If I had no savings and living to paycheck to paycheck I don't think I would risk it.

[MONSTERKEN]

It's the verbage that gets me. Looks like my boss printed it right off the ol interweb. I work for a small local company. Financially he has taken care of me, sort of (all legaly) just had to wait until Monday or Tuesday to deposit check, and latest stint had to cut hours to 32hrs/week just to make payroll. But, other employees were not so lucky, mainly bc they don't know their rights as a employee and were scared or intimidated to question the owner/boss. But, I see no growth or stability in this company, so I have decided to move on. No one knows yet. The company I will be going to kinda sorta in a round about way does the same thing. My new job title will be different, and "technically" not doing what I am doing now, but its in the same field.

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[txdukklr]

I have had a few employers require it to be signed when extending a job offer. As in sign this or you don't get the job. I don't think I have had one come up after I was already an employee.

If they say sign it or you're fired and I was in the financial situation to be unemployed while I searched for a new job, I would probably call their bluff and see if they fired me for not signing. If I had no savings and living to paycheck to paycheck I don't think I would risk it.

yes they can make you sign it after. Right to work cuts both ways . . . . .

by the way you have a very serious argument about non payment if they pursue. You also might consider a person not paying payroll probably not gonna spend a bunch to fight a 50-50 shot in court.

[Graysonhogs]

Or you could sign it, then get fired anyway, thus limiting your options.

[MONSTERKEN]

The TWC and BBB have already been contacted by one of the guys that has left bc he is still owned monies North of 1k. So he has already summoned the law dogs. I am just waiting for one more offer package to roll in next week, but I guess this stupid piece of new toilet paper I got today threw me for a loop. Just want to weigh my options.

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[TejasNW]

Make him fire you. Remind him when he does that wrongful termination is a bigger issue for him than the non compete is for you. Besides, if he is truly on the skids, he is not going to spend the money to go after anyone. It is all bluff and bluster. Enforcing a NC document will cost him far more money than a failing business should be willing to spend.

[Etxbuckman]

Always thought Texas was a right to work state and Non-Competes were just a piece of paper...Nothing more than that....

I have first hand experience with a non-compete issue. Actually, I was sued over it. The judge in the case tossed it for being too broad and therefore unenforceable. However, my attorney advised me later that that same judge had recently ruled on one in a separate case where it was upheld.

The people that hired me away from the ex-employer in the first place thought like you did, and swore up and down no one could or would sue me, right up until the moment they did.

[txhunter007]

Always thought Texas was a right to work state and Non-Competes were just a piece of paper...Nothing more than that....

I believe this is correct.

[Etxbuckman]

Here's a good rule of thumb: never underestimate an ******* with deeper pockets and a grudge.

[doublearrow]

Attorney told me non competes were just a scare tactics d most were worthless. A guy who can't make current payroll isn't going to control who, what, when or where I work.

[SMUMan02]

If you were forced to sign it to retain your employment and not given anything in exchange, there'd be significant questions about whether it was enforceable. Flip side though, is you can be fired for anything or for nothing in Texas as long as the reason is not discriminatory so I cannot see what would keep him from firing you if you refused to sign. You are, as they say, between a rock and a hard place. I'm not YOUR lawyer so this isn't legal advice.

[Guerrero88]

I have signed two. The first one I broke by leaving the company and went to work for a competitor. Now I did sign it as a condition of employment. And was sued. Here's the issue. You are singing a legal binding contract. So... the employer can take it to a judge and set a court date in state court. You will be served and will have to appear. In my case my attorney went before the judge and pulled from state court and filed it in federal court. Federal court cases usually take 8-12 month depending on the case. So this prolonged the process and I was able to continue to earn a paycheck until it was settled. Most cases are settled out of court in mediation. Most judges atleast in federal court won't waste court time on a non compete unless it's a major company filing suit against a pres or vip. The only folks that benefit from these are the attorneys at 400.00 an hour. My case was settled out of court through mediation that lasted about 8 hours. Your employer will have to pay for attorney as well. And it ain't cheap. So a lot of times it's not worth it. Waste of money for both sides