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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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My husband signed a non compete and was threatened by his previous

Customer Question

My husband signed a non compete and was threatened by his previous employer to be sued if he held employment with a new company in the same industry. 1. He was laid off 2. The non competes geographic location says USA, his designated area was west Texas- Permian basin. 3. They delayed him from receiving unemployment when they advised him he would be eligible upon being laid off. 4. He was forced to resign from a new job after 2 weeks due to this non compete document. He is seeking employment based out of another state for the same line of work and he was told by HR he cannot due to this non compete. Additionally during his employment he switched positions and the non compete was never revised or updated. I want to know if it is worth seeking legal council over the above.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. If I may ask, what is the 'choice of law' under the non-compete, what state law governs the contract? Also, how long is the non-compete for? How specifically is the industry listed, is it a general limitation or a specific list. For example, does it state, for example, that he cannot work for the fast food industry, or does it state that he cannot engage in strategic marketing for fast food companies? Please advise.
Customer: replied 2 years ago.
It states it shall be governed by the laws of state of West Virginia. For a term of 18 months. It lists numerous job duties related to the oil and gas industry such as plastic liners, drilling pads, water retention, 2 forms of containment, application, instillation etc. my husband was a field manager for plastic liner division and later on transfered into sales when business began to slow
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up. West Virginia has a fairly expansive understanding of non-competes, so an 18 month limitation would likely be upheld Typically there are three sections where a non-compete can be challenged successfully, named length of time, scope and size of limitation, and also scope and specifics of the job or industry limitation. The only argument here as far as arguing that this is too restrictive is if your spouse due to this language cannot work at all within his specialization. Otherwise the non-compete survives. The fact that it wasn't updated does not change the validity, I am afraid. I wish I had better news but going solely by the facts provided, it appears valid. Sincerely, ***** *****