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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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I left a company I ws employed with years, when they

Customer Question

I left a company I ws employed with for 23 years, when they changed their program to create an inferior service and product. I was hoping to get my NC reviewed by someone who is familiar with Texas law. The company is based out of Tennessee but is a nationwide company
Submitted: 5 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. 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. If you can post the NC and then point out any specific questions you have I will try and assist.
Customer: replied 5 months ago.
This is a copy of a section of my NC agreement. I have signed a few of these over the years, and usually Exhibit A will list all of the counties. I am attaching the wording as far as how they specify the non compete of counties in the agreement. You will notice exhibit A shows cities, but not counties. When they list "territories", they do not specify "counties". The DFW "territory", for example, for company purposes, includes surrounding counties. Can I assume since the individual surrounding counties are not listed, that they can be deemed as not part of the agreement?Section I.Noncompetition and non solicitation of clients. Employee agrees thatduring and for 12 months following termination, volüntary or otherwise, of Employee's employment with Employer ("the Noncompetition Period"), Employee will not in any way:(a) provide services, which are substantially similar to Employee's services for the Employer, to or for any person or entity within counties listed in Exhibit A hereto, ie. Counties where employee has or was assigned to perfonn services.(b) call on, solicit or interfere with any efforts of the Company with respect to any customer or prospective customer anywhere within counties listed inExhibit A hereto, about which Employee has infomation procured during Employee' s employment with Employer.
---------------------------------EXHIBIT A - AMENDMENT Diane GearyEFFECTIVE 12/19/11TERRITORIES INCLUDE:310320 321 330Houston, TXSan Antonio, TXAustin, TXDallas/Ft. Worth, TXIn the event new departments are added or changed I understand I will be notified and an amendment to this exhibit must be signed.
Expert:  Dwayne B. replied 5 months ago.
Based on what you have posted here then you are only restricted to the cities and counties named. For instance, when they name "Houston, Tx" then you wouldn't be able to compete in the city of Houston or Houston County. The same for the city of Dallas or Dallas County. Those are the only ones I see that might be an issue. However, if you choose to challenge this then any interpretation you offer, such as that Houston County wasn't covered, would likely be upheld by the court under the "Scrivener's Rule" which states that any ambiguity in a document will be construed against the person who drafted the document and thus any reasonable interpretation you offer will be accepted by the court even if the other side offer an interpretation that is more reasonable.

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