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Need Clarity No Compete In Texas

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  • Need Clarity No Compete In Texas

    I was fired at no fault of my of per TWC.

    I am forced to go out on my own and some clients overlap.

    Is a no compete claus or document still enforceable in texas?

    These are some of the only service needs that are still doing work.

    All of these clients are in the public eye and can be found on the internet and are not exclusive nor trade secrets off of a private client list and are widely competed for amoung my piers and piers businesses.

  • #2
    You would have to have the specific document that you signed reviewed by a local attorney to determine whether it is enforceable. To the best of my knowledge, there is no blanket prohibition against non-compete agreements in Texas. The fact that you were eligible to collect unemployment, per the TWC, does not void any agreement you may have signed with your previous employer or place your previous employer at fault in this situation. The vast majority of people who collect unemployer were lawfully terminated.
    I am not able to respond to private messages. Thanks!

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    • #3
      I have deleted your duplicate post, having answered it exactly the same as Marketeer answered this one.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks

        Me at no fault just states that I am no leaving the company on my own to go compete with the last employer.

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        • #5
          The answer remains the same. There is no law that automatically voids a non-compete. You will have to show it to a local attorney to see if it is enforceable.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            No compete Hard to Prove from previous Employeers

            Sec. 15.04. PURPOSE AND CONSTRUCTION. The purpose of this Act is to maintain and promote economic competition in trade and commerce occurring wholly or partly within the State of Texas and to provide the benefits of that competition to consumers in the state. The provisions of this Act shall be construed to accomplish this purpose and shall be construed in harmony with federal judicial interpretations of comparable federal antitrust statutes to the extent consistent with this purpose.

            All be wary of these clauses. Some companies will hire you just to get YOUR contacts sign the no compete the lay you off or fire you and then use your information and try to lock you out from going back to your previous clients.

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            • #7
              enigmatic's response not withstanding, you STILL need to have the agreement reviewed by a Texas attorney.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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