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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 100053
Experience:  Years of experience in running a medium sized law firm.
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I work in Texas as an independent contractor client under

Customer Question

I work in Texas as an independent contractor for a client under contract with Service provider. The Service provider has lost the contract effective end of year. I have signed a Non-Compete clause with this provider. What are the issues if I want to stay at this client and work for the NEW Service provider? Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Will you want to work for another service provider right away after this current position terminates?

2) Is the non compete for MILEAGE, or LENGTH OF TIME, or both?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1) Yes
2) Length of Time (1 Yr)
Expert:  Ely replied 1 year ago.

Thank you.

The issues are that the non-compete essentially bars one from working for a competitor for one year. While excessive non-competes may be struck down, 1 year NCs are common and generally upheld. If someone in your situation works for a competitor and the previous company finds out, they can sue YOU for breach of contract and demand damages and an injunction of your work with that new company.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!