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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 27 yrs. exp in Employment Law
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I signed a non compete as part of stock option agreement.

Resolved Question:

I signed a non compete as part of stock option agreement. I never purchased any of the options.

Due to personal reasons, I am resigning and my employer is requesting that I sign an exit letter confirming that I am aware of the non compete.

Does it hurt any more for me to sign this letter that what I already executed as part of the stock option agreement?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.
Hello,

Thank you for the information and your question. No, signing the confirmation that you are aware of the agreement you previously signed, really does nothing to change he enforceablity or nonenforceability of the non-compete. The employer believes, for whatever reason, that it will help them should they have to litigate the issue. It really is of little value since the signature and the agreement itself is all that matters and not your acknowledgement as you walk out the door.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16588
Experience: Licensed Attorney with 27 yrs. exp in Employment Law
Marsha411JD and 2 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you Marsha. Are these non competes usually enforceable in Texas?

Expert:  Marsha411JD replied 9 months ago.
Non-competes in general are enforceable in Texas, however, they must be drafted in such a way as to not be overbroad as to length of time or geographic area and cannot operate to completely make the former employee unemployable. This is a very complex area of the law and if you think something that you are interested in doing might cross the line, you should take your agreement to a local employment law attorney who works with them and have him or her review it in light of your industry and job and see what they think.

You can read a good general discussion of non-competes in Texas by going to: http://www.brownemploymentlaw.com/Practice-Areas/Non-Compete-Agreements.shtml
Expert:  Marsha411JD replied 9 months ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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