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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I had to sign a non compete in Texas, I just moved to Las

Customer Question

I had to sign a non compete in Texas, I just moved to Las Vegas NV. my previous job is also located here, but not ever having worked here or having any contacts here can they enforce that non compete. There are no trade secrets in my field or trade secrets that I know from previous company to share.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What geographic scope does your non-compete agreement cover? How long is the duration and when did your employment with this employer end? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
It says within a 150 mile radius of a facility that is owned by them. It lasts for 24 months. And 6 months ago, ending well. They are not enforcing the non compete on everybody. The previous company is nationwide, my new company is expanding in the west.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply.

In Texas and Nevada non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court. So, I'm afraid to say that a non-compete with the terms that your describe would very likely be enforceable.

The fact that they are not choosing the enforce the non-compete against everyone would not prevent them from enforcing it against you, though it certainly does suggest that if push came to shove they would probably not be willing to invest money on attorney fees and court costs to actually sue you for breach of contract. Then you also have to consider whether they would even find out if you took a job with a competitor. Obviously, they can't sue you over something they do not know has happened.

I hope that you find this information helpful to you in deciding what to do. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.