Non-compete agreeement

[Alcald2006]

TEXAS
On Sept 11 2009. I was fired by my employer. The reason they fired me, they say, is they had warned me numerous times about conflicts me and the business owners wife (also owner) were getting into. To make it short.....She was always having a bad day and......would take her frustrations out on me for no apparent reason...... When I would try to defend myself they would always take it personal......there was no reasoning on their Part, they were always right. Even if I had questions about my commission they would get upset because I was asking questions!!!!!

So they fired me! I guess They claim I didnt get along with the Owner.(wife) I still dont have a legitimate reason by them.

Before Entering employment with (Premier Window tinting). I had a great job with Washington Mutual as a customer sevice rep, But I decided to work for this Residential and Commercial tinting business because I wanted more free time to spend with my wife. I do regret ever taking a position in sales at Premier Window Tinting!!!

Immediately after Premier Window Tinting Fired me. I had gone to look for work. At that moment in time, tinting sales is all i knew..... I had spent 6 months learning that trade, mostly on my own time reading Material 3M provided....NO TRADE SECRETS, its all published. (all I cared about at the time is Supporting me and My Wife). By firing me they made life difficult for me.

Well, I did come across a company that decided to help me with my situation. Jon Wayne AC also sells tint so I thought, I may have a good opportunity. About 2 weeks into employment with Jon Wayne....Premier Window Tinting.....was notified i had taken a position with Jon Wayne, by HR. Premier Window Tinting Immediately contacted me and said that "I can't believe my conscience allowed me to go against "Our Written Agreement".
I did sign a non-competition agreement that states I cannot work with a competitor for 2 years. I feel I was treated unfair, I was fired and left with nothing....and now they expect me to abide by this agreement????


Well afterwards, numerous times, The husband (Owner) had called me and kept threatening me with Legal Action and So on....."Im just trying to make a living" I told him....He didnt care he didnt want me working in that trade....WHY? I guess because I was really good at it.....(I was their TOP salesman).....Well he would constantly text me messages, I informed him to stop....He Continued...So I called the Police to File a Report......About 2 weeks later he text me again saying he wanted to talk.....I was hoping he wanted to end all this Drama.....Well I was Wrong, He just called me to let me know he had an attorney look at my non-compete and said I was NOT legally entitled to continue working because of the agreement I had signed. Well I hung up on him, and told him not to text or call.....he continued and I called the police again and filed a 2nd police report......They told me if he does It again I can Possibly press charges for Harrassment......

Well now I finally got served a Cease and Desist Order Today. And I'm confused in what to do. I just want to move on and support my wife and I. But they keep putting Obstacles in front of me...I have been in Sales for 5 years...Im 23 and I just want to keep my lights on at night not having to worry about getting sued, over a non-compete agreement that a company who was not fair to begin with made me sign....Any Advice Would help. Thank you for your time.

[ecmst12]

You need to take the agreement YOU SIGNED to a local attorney for review. Only a real live person who is experienced with this type of contract in your area can tell you whether it is enforceable or not.

[eerelations]

Being actively disliked by the owner's wife is a legal reason to fire you.