2 Cool Fishing Forum banner
1 - 20 of 51 Posts

·
Registered
Joined
·
1,627 Posts
Discussion Starter · #1 ·
How restrictive can these things be in Texas? Can an employer keep a plumber from going to work for another plumbing company? Or a car salesman from selling cars somewhere else? I can understand Company "A" wanting make sure an ex-employee doesn't use their software (or other proprietary information) at Company "B" but what else can an employer do? The next job I go to may not be the one I want to stay at for the rest of my life.
 

·
Genesis 9:2-3 & Deuteronomy 12:15-16
Joined
·
21,162 Posts
I'd say they can restrict you, but not restricting you a way to making a living for yourself and family however.. if you are a plumber and leave one company to go plumb for another, then you pretty much should be able to do as you aren't also a computer programmer or something else... when you steal clients, start your own plumbing biz, etc., that is where it could get tricky IMO.
 

·
Life is good on the bayou..
Joined
·
3,963 Posts
Unless you have a contract a company can ask you to sign anything they want. You can quit, or they can fire you, at will. It's not against the law to fire someone for refusing to sign a non-compete agreement. There are actually only a very few reasons a company can't fire you, most deal with discrimination. I have seen companies that are loosing their best folks (for what ever reason) do this, and I have seen companies who took over other companies do this.
 

·
Do you know who I think I am???
Joined
·
5,265 Posts
I'd say they can restrict you, but not restricting you a way to making a living for yourself and family however.. if you are a plumber and leave one company to go plumb for another, then you pretty much should be able to do as you aren't also a computer programmer or something else... when you steal clients, start your own plumbing biz, etc., that is where it could get tricky IMO.
Exactly.

They can not keep you from making a living in your trade but they will enforce it if you start stealing clients from your old company.
 

·
I just love rod threads! No Spam baby
Joined
·
3,776 Posts
U signed it.

Dealing with this myself. You signed a contact. But you have a right to work. So you will have to spend money and they will.

Basically you signed you won't stab them. So it will have some enforcement. Then can tie you up if they want to spend money.

It all comes down to money.
 

·
Registered
Joined
·
820 Posts
My company implemented a non-compete on us a few years ago. One of my co-workers contacted an attorney to have it reviewed and he said that it would not hold up in Texas, as has been mentioned, a right to work state. Also know a guy that had his previous employer go after him and his new employer called their bluff - it was dropped after one letter.
 

·
Premium Member
Joined
·
23,848 Posts
If you don't intend to keep you word in any contract, you shouldn't sign it. A man's word is something that should shine, and he should stand behind and be proud of. Whether it's a non compete or marriage vows, you owe it to yourself and to the other party to do what you said you would do. Otherwise, just walk away.
 

·
DS1262
Joined
·
2,137 Posts
Texas is one of 22 "Right to Work" states. That is part of the Taft-Hartley act that says that you do not have to belong to a union to work at a particular place. Union and non-union employees can work for the same company, however, if the union bargaining results in a benefit for a non-union employee, that employee may be responsible for part of the cost of the bargaining and an employee may not be fired for not belonging to a union. Right to work has nothing to do with non-compete contracts. But, most non-compete contracts are not enforceable unless the employee takes customers or technology from his previous employer and then the length of the contract is only for a year. Or at least that's what I've been told.
 

·
Registered
Joined
·
30,679 Posts
Texas is a right to work state and for the most part non-compete contracts will not hold up.
texas is a "right-to-work" state, but "right-to-work" has everything to do with an employee's decision as to whether he wants to financially support a union or not, but absolutely nothing to do with a "non-compete" contract.

if you sign a "non-compete" contract, you have signed a contract and are thereby bound to it ... unless, of course, you have a really good lawyer on your payroll.

don't let anyone tell you that a non-compete contract is not enforcible. it is. you could be sued if you sign it and then violate it.
 

·
Master of Boats
Joined
·
1,432 Posts
Stand firm on not signing and you might be needing that other job.

I have one, I signed it in full knowledge. What Texas law addresses, is pretty much:

1. It's hard to prevent a person from working to earn a living in the manner in which they have historically.

2. If you want to prevent that person from doing so, you have to pay them fair value to not work at their normal profession.

3. If you recieve fair value, ie sold your company etc, expect your non-compete to have teeth and be upheld, so make sure that you got enough money.

Mont, I hear what you say about a man's word, it cuts both ways. If the company doesn't live up to it's end of the deal, the employee shouldn't have to live up to his.

A non disclosure or non circumvent agreement is a better tool to prevent a future ex-employee from soliciting customers or vendors after they leave. Keep in mind that a lot of sales guys bring their customers with them where ever they work, The customers are loyal to the sales guy, not the company. Having contracts with the employee won't prevent the customer from leaving with your best sales guy. A few HR and higher level company types are so out of touch, they think the customer and sales guy can be controlled with these type contracts, rarely works out that way, but does cause bad feelings around the office as a result of the strong arm tactics normally used to get people to sign these agreements, especially after they are employed.
 

·
Registered
Joined
·
4,265 Posts
Depends on where you want to go work. If you disclose the non-compete, usually they wont hire you because they do not want to spend money in court. Even though you would probably win.

I have seen it happen in the oil and gas industry.
 

·
Registered
Joined
·
4,515 Posts
Stand firm on not signing and you might be needing that other job.

I have one, I signed it in full knowledge. What Texas law addresses, is pretty much:

1. It's hard to prevent a person from working to earn a living in the manner in which they have historically.

2. If you want to prevent that person from doing so, you have to pay them fair value to not work at their normal profession.

3. If you recieve fair value, ie sold your company etc, expect your non-compete to have teeth and be upheld, so make sure that you got enough money.

Mont, I hear what you say about a man's word, it cuts both ways. If the company doesn't live up to it's end of the deal, the employee shouldn't have to live up to his.

A non disclosure or non circumvent agreement is a better tool to prevent a future ex-employee from soliciting customers or vendors after they leave. Keep in mind that a lot of sales guys bring their customers with them where ever they work, The customers are loyal to the sales guy, not the company. Having contracts with the employee won't prevent the customer from leaving with your best sales guy. A few HR and higher level company types are so out of touch, they think the customer and sales guy can be controlled with these type contracts, rarely works out that way, but does cause bad feelings around the office as a result of the strong arm tactics normally used to get people to sign these agreements, especially after they are employed.
just like the business will follow a good engineer from one services co to the next.

a non-compete can hold up in texas if you were trained by the company and compensated to sign(ie: cash or stock or expensive/specific training, etc.) also if you print out your client list(or espescially your coworker's) off your company's computer before you quit, to take with you to the next job. or if you take business that was in motion b4 you quit and try to finish it at your new job. talk to a lawyer tho as we're just 2cool...
 

·
Registered
Joined
·
135 Posts
I worked for a company for 2 years and then they threw the non compete agreement at me. I simply signed the agreement as "Fred Flinstone" and handed it back to my boss with a smile. He never even looked at it and put it away in a file. Several others were fired for not signing the agreement. I had no intentions of violating any of the terms of the agreement but I did not like being strong armmed into it. When I quit the job some four years later I moved on to a completely different industry. The non compete was the first thing that my boss brought up when I put in my 2 weeks. I just laughed and would not tell him where I was going to work. I told him that if he thought that I was in violation of the contract than he should spend some money on an investigator and find out.
 

·
Registered
Joined
·
277 Posts
Do not for one second think a non-compete is not enforceable in Texas. I am an attorney, and a non-compete is fully enforceable in Texas so long as it is reasonable in duration and scope.

A company can not keep you from working, but they sure as heck can keep you from working in your trade if you signed the agreement. Whats reasonable or not is a question of fact for the jury to determine, not a question of law.

Reasonableness varies depending on a multitude of factors. If its not fair, dont sign it. If they are not giving you something for it, dont sign it. But Please dont think its not enforceable.
 
1 - 20 of 51 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top