Non-Compete
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Non-Compete
I live in a small city which our surrounding cities are 30 plus minutes away. My employer requires all new hires to sign a non-compete form prior to employment. The form states that you will not work for the same business within a 25 mile radius. I recently was offered my own business by a local investor, however I’m worried that the non-compete form I signed 6 years back might present an issue. Is this legal considering it is only a part-time job with no full-time opportunities, limiting my ability to grow further or to support my family without moving or driving well over 30 minutes based on the 25 mile radius?
Asked on October 24, 2016 under Employment Labor Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The key to enforcing or evading enforcement of an employment contract does not turn on whether it was part-time or full-time employment.... it turns on the wording and the consideration given. It's not enough for the employer to say "hey, I'll give you a job if you agree not to compete against me later." The employer has to provide you with an additional "something" in exchange for the agreement not to compete. Agreements that don't have extra consideration violate the at-will employment policies in Texas. To know for sure if the agreement is valid, you need to have it reviewed by an employment law attorney. Once they see the document, they can tell you if the consideration (x for y exchange) is sufficient to make it a valid agreement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.