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I have a non compete contract. My current role is Business

Development Manager. I have an...
I have a non compete contract. My current role is Business Development Manager. I have an opportunity for a sales position at a company listed in my non-compete. my employment contract promise that I would have a salary review in 12 months, it didn't happen for 16 months. Obviously the two roles are different in each company and my current company didn't live up to the promise. The duration of the non-compete is 2 years. Whats the chances that my non-compete will prevent me from being able to work at this new company?
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Answered in 2 minutes by:
5/29/2013
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Were you promised a raise or promotion after the review?

wallstreetfighter :

the Texas legislature has enacted the Covenants Not to Compete Act (the "Act"), specifically making such agreements enforceable provided there is compliance with all of the provisions of the Act

wallstreetfighter :

The Act provides for certain distinct elements that must be present in order for a non-competition agreement to be enforceable. The agreement must:



  • State and Federal Jury Trials

  • Be ancillary to or part of otherwise enforceable agreement at the time the agreement is made;

  • Protect a legitimate business interest;

  • Contain reasonable limitations as to the scope of activity to be restrained;

  • Contain reasonable geographical limitations; and

  • Contain reasonable durational limitations.

wallstreetfighter :

If the employer breached certain terms of the non compete, that does not invalidate the non compete provisions,

wallstreetfighter :

what you would have to do is sue the employer for a breach of the contract,

wallstreetfighter :

before you leave, and it is possible that through litigation you can force the employer to invalidate the entire contract as a settlement.

wallstreetfighter :

In TX, the Courts would enforce a 2 year restriction if the company is a competitor, and the geographic limitations are reasonable,

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Customer reply replied 4 years ago

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Customer reply replied 4 years ago

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Customer reply replied 4 years ago

what if the parent co is in Canada, that is the named com petitor ? what if the co here in US is under a different tax id?

That may make the non compete invalid, in tax there is a geographic limitation so if you can argue that the employer will not compete with the same clients as the current employer you may have a good argument as well as stating that the US company is different than the one listed
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified
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wallstreetfighter
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

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