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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I have the exact same question as already posted. I am a neonatal

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I have the exact same question as already posted. I am a neonatal nurse practitioner and signed a non compete. The company I work for changes who there competitors are the suit their needs. I want to resign and work somewhere else? Can they pursue legal action against me. I know they have threatened my other co workers with this actions. Located in Texas.

Attorney William B. :

Dear Customer, thank you for choosing Just Answer, I would like to assist you today.

Attorney William B. :

While I cannot review your specific non-compete clause, I can tell you that these types of contracts are very narrowly construed and courts generally prefer to allow employees to pursue their careers wherever they choose.

Attorney William B. :

Non-compete clauses are usually found to be enforceable when they are for a discrete time period, a discrete radius, and a specific job function. Unfortunately, this set of general guidelines changes from one job to the next, and I am prohibited from giving you specific advice as to your specific contract or job, but I can tell you that in general, healthcare providers (non-managerial) have very small limits for an enforceable non-compete clause.

Customer:

They threaten to sue you for 1 years salary if you leave. Could they really win that?

Attorney William B. :

It is highly doubtful. (remember, I can't give you specific legal advice, but here is an article written by an employment law firm in Texas that may provide some more direct assurance: http://www.brownemploymentlaw.com/Practice-Areas/Non-Compete-Agreements.shtml

Customer:

thank you

Attorney William B. :

You are welcome. Can be of any further assistance (or did I miss anything)?

Customer:

I think this helps but I am still scared. They claimed the hospital I applied at was not a competitor ( that is why I applied to that specific hospital) now that they know I applied there they claim they changed the policy and it is now a competitor. Other people quit and went to work at this hospital several years ago with no problems. You just never know who they will pursue and make an example of.

Attorney William B. :

I can't promise you that your current employer will not attempt to enforce their non-compete clause (regardless as to whether or not it has merit). However, I can tell you that a contract such as the one you describe is almost always unenforceable due to the fact that only one side (in this case the hospital) is able to shift the terms of the contract without any additional consideration from the other side (the employee). Given this it is highly unlikely to be enforceable as you have described.

Customer:

Thanks that makes sense. This has been very helpful

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