Is Your Non-Compete Agreement Getting in the Way of You Finding a Job?

janovsky Employment Law 0 Comments

non-compete agreement
November 10, 2017

A non-compete agreement or clause is something many people face at one point or another during their years of employment. While it is more common to some industries and professions than others, it can cause quite the headache, should you part ways with that employer. A non-compete agreement is a binding contract that typically covers the following aspects of employment:

  • Prohibits an employee from going to work for a competitor of their current employer
    • Competitors are usually identified by name or description during a specific time frame and within a particular geographical area
  • Prohibits former employees from interacting with customers, stealing employees, and approaching suppliers or any other contacts of a former employer
  • Prohibits an individual from giving any information that belongs to a former employer
    • This includes client lists and trade secrets

As you can see, non-compete agreements are in place to protect the employer, should they part ways with an employee. Please keep in mind that these contracts are governed by state law, not federal. It is important for you to understand the laws and regulations pertaining to non-compete agreements in your state. As a Dallas employment lawyer, Attorney Janovsky is happy to discuss Texas non-compete laws with you to ensure you understand the contract. In the event you are no longer working for an employer with whom you have a signed non-compete agreement and are wondering what your options are, please contact Janovsky & Associates today. It is common for people to experience difficulty finding employment due to a non-compete agreement and Attorney Janovsky is here to help you find the right solution.

Signing a Non-Compete Agreement in Texas

In the state of Texas, a non-compete agreement is enforceable only under the following circumstances:

  • The agreement is ancillary to another agreement
  • The agreement is reasonable

This leaves a lot of room for interpretation, which can either work for you or against you. When a non-compete case makes its way to court, the biggest area of concern is determining whether or not the terms of the agreement were reasonable. If you are having a hard time finding employment because of a non-compete agreement, you may want to consider trying to get out of the contract. This can be tricky, but here is a look at a few ways to dissolve the contract and regain your freedom to shop around for a new job:

  • Prove breach of contract by your employer
  • Prove that your previous employer does not care to enforce the agreement
  • Prove that the contract is unreasonable and unnecessarily long
  • Prove the terms of the agreement are not good for the public

To learn more about your options and how to get out of a non-compete agreement in Texas, please contact Janovsky & Associates. Attorney Janovsky is board certified in labor and employment law by the Texas Board of Legal Specialization and is prepared to take on your case today.

Leave a Reply

Your email address will not be published. Required fields are marked *