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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18861
Experience:  Employment/Labor Law Litigation
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I was recently employed at a consumer electronic company and

Customer Question

Hello- I was recently employed at a consumer electronic company and had to sign a non-compete as terms of the employment. 11 months later, my position was terminated and I was laid off. Does my non-compete still apply when they were the ones that let me go/laid me off?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: The employer is in Utah and I was working from home in Dallas, Texas
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This was for a consumer electronic company based in Utah, and I worked from home in Dallas, Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: No not that I can think of
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That depends on the agreement itself. Nothing in general employment law automatically invalidates a non-compete based on the employer being the one that breaks the relationship. That would only be true if the non-compete itself said as much.

Otherwise, it can still be enforceable. Now, the fact that they let you go would give you some argument that they don't have a legitimate business interest to protect if they chose not to keep you, but that is not always effective as a means of defeating a non-compete.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 6 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.