Steven Williams
Junior Member
What is the name of your state (only U.S. law)? TX
I am currently seeking to leave the company I am with, and headed to a new company. I have a non-compete and wanted some advice on what to do or if it is valid against me. Basically the contract states:
NOW THEREFORE, in consideration of my employment with the Company and of other valuable consideration, I agree as follows:
1. My employment with the Company is at-will and is or will be for no fixed term, and I reserve the right to terminate my employment with the Company at any time without cause or notice. I understand that the Company reserves the right to terminate the employment relationship in the same matter.
2. Except by written permission from the Company, I will never disclose or use, either during or subsequent to my employment, confidential information of which I become informed during employment. Whether or not developed by me, except as required by my duties to the Company.
3. I will promptly disclose to the Company all inventions, discoveries, improvements, designs, trademarks, or copyrightable matter, conceived, or made by me during my employment and related to the business of the Company, and I hereby assign all of my interest therein, including the good will of the business symbolized by any trademarks, to the Company. I further agree to execute any applications, assignments, or other instruments, which the company will deem necessary to obtain letters, patents, trademarks registration or copyright registration of the United States or any foreign country or otherwise, to protect the Company’s interests therein.
4. I agree not to directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual, or representative capacity, engage or participate in any business of the Company, unless written permission is given by the Company.
5. Upon termination of employment, I expressly agree not to engage in or participate, directly or indirectly, in any business in competition with the Company within 15 miles of all Company’s location’s to perform services for a period of twenty-four (24) months.
6. Upon termination of my employment, I agree to deliver to the Company all materials that include confidential information, such as customer lists, product formulations, instruction sheets, drawings, manuals, letters, notes, notebooks, reports and copies thereof, and all other materials of a confidential nature which are under my control and which relate to the Company’s business.
Any advice would be appreciated.
I am currently seeking to leave the company I am with, and headed to a new company. I have a non-compete and wanted some advice on what to do or if it is valid against me. Basically the contract states:
NOW THEREFORE, in consideration of my employment with the Company and of other valuable consideration, I agree as follows:
1. My employment with the Company is at-will and is or will be for no fixed term, and I reserve the right to terminate my employment with the Company at any time without cause or notice. I understand that the Company reserves the right to terminate the employment relationship in the same matter.
2. Except by written permission from the Company, I will never disclose or use, either during or subsequent to my employment, confidential information of which I become informed during employment. Whether or not developed by me, except as required by my duties to the Company.
3. I will promptly disclose to the Company all inventions, discoveries, improvements, designs, trademarks, or copyrightable matter, conceived, or made by me during my employment and related to the business of the Company, and I hereby assign all of my interest therein, including the good will of the business symbolized by any trademarks, to the Company. I further agree to execute any applications, assignments, or other instruments, which the company will deem necessary to obtain letters, patents, trademarks registration or copyright registration of the United States or any foreign country or otherwise, to protect the Company’s interests therein.
4. I agree not to directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual, or representative capacity, engage or participate in any business of the Company, unless written permission is given by the Company.
5. Upon termination of employment, I expressly agree not to engage in or participate, directly or indirectly, in any business in competition with the Company within 15 miles of all Company’s location’s to perform services for a period of twenty-four (24) months.
6. Upon termination of my employment, I agree to deliver to the Company all materials that include confidential information, such as customer lists, product formulations, instruction sheets, drawings, manuals, letters, notes, notebooks, reports and copies thereof, and all other materials of a confidential nature which are under my control and which relate to the Company’s business.
Any advice would be appreciated.