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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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I have signed a "Confidentiality Agreement" MRI Shielding

Customer Question

I have signed a "Confidentiality Agreement" for a MRI Shielding Company. I'm a project manager. I recently left my position and I'm thinking of starting a partnership that would provide a service of maintenance to MRI shielding. The confidentiality agreement states that i can't work for a competitor or directly compete for 10 years. I live in Houston Texas. How valid is this?
Submitted: 11 months ago.
Category: Business Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Is the maintenance of MRI shielding a restricted endeavor under the agreement?

Customer: replied 11 months ago.
Does not state specifically
Expert:  Loren replied 11 months ago.

Does your previous employer handle maintenance? Would you be directly competing with them?

Customer: replied 11 months ago.
They handle maintenance every once in a while. Yes.
Expert:  Loren replied 11 months ago.

Thank you for the additional information.

Non compete agreements are legal in Texas, provided they are reasonable in geographic and time restriction. Also, they must be necessary to protect a genuine proprietary interest.

That said, they are extremely expensive for employers to enforce and, for that reason, many go no further than a cease and desist letter unless the ex employee is causing real and substantial commercial harm.

Customer: replied 11 months ago.
How can i free myself from this? This is a career path I've been following for 3+ years. The former employer was operating violating osha safety measures, and made it very complicated for me to stay. Is there anything i can legally do?
Expert:  Loren replied 11 months ago.

I think the 10 yr would not be considered reasonable.

You may want to speak to your ex employer and see if they would release you for maintenance employment only.

Customer: replied 11 months ago.
I don't see that going very well. In the event that I proceeded to help someone else start a company in which i'd have no affiliation other than consulting to them, what is the worst that could happen? What if proceeded to star the company?
Customer: replied 11 months ago.
Please see attached.
Expert:  Loren replied 11 months ago.

If you were competing with them they would start by sending a cease and desist letter. Then, if that did not stop you they would seek to get an injunction to stop you from doing any more business and pay them anything you made doing the prohibited activity.

Expert:  Loren replied 11 months ago.

Are you still online with me?

Did you have further questions? Have I answered your question?