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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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From Texas
, Trying to find out if a non-compete in the

Customer Question

Hi, I'm Vicki from Texas
JA: Thanks. Can you give me any more details about your issue?
Customer: Trying to find out if a non-compete in the state of Texas holds up when you are not an W-2 employee, but rather a 1099 contract employee?
JA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only 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.

Thank you for your question, Vicki. Under Texas law, non-competes apply the same to both W-2 employees and 1099 contractors. So that does not really make a difference.

However, Texas non-competes are subject to other restrictions. They have to be reasonable in scope, jurisdiction, and duration. A person bound by the non-compete can challenge the contract as being unreasonable. REPLY and let me know if you want to know how to do so.

I hope this helps and clarifies. Gentle Reminder: 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 the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. 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.