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non-compete Texas

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contractor_tx

Guest
What is the name of your state? Texas

I am an IT consultant in Texas. I work as an employee of a contracting company. This firm recently burned me by telling me last Tuesday night that it had arranged for me to work at a large Dallas employer for a rate that we had agreed upon. Then two days later they called me back and told me that we were going to have to walk away from the deal. In the meantime (Wednesday) I had given two weeks notice to the client I work for. The client I work for does not care to do business with this firm and would hire me directly, but I have the following clauses in my contract:

My agreement says that the term is from October 25, 2001 through January 31, 2002 and then automatically continues month-to-month until terminated by you, Client, company or conversion to a full time employee of Client.

Also, the Enagement Agreement clause reads as such:

For a period of one year after the termination of this agreement, if employee directly or indirectly engages in any business that competes with (Company) at this client, Employee agrees to pay (Company) thirty (30%) of the gross billing amount and/or placement fees charged to client. This covenant shall apply to the Client and any of its subsidiaries. Employee agrees that this non-compete provision will not adversely affect the livelihood of the Employee.

MY questions are 1) can I sue for lost damages at the company I lost the job at. (I have assurances from someone within that company that I was a shoe-in, but that my greedy contracting firm was trying to get additional money. I also have knowledge of someone now having been given the job and receiving the same wage I was promised but through a different firm.)

2) Would I be able to win in court if I decide to accept the offer from the client I am at now if I will not pay my current contractor the 30%.

3) If I go in through another company to the client I am at now would I be held to the 30% clause?

4) Is the time issue of this contract enforceable?

Thanks in advance

Contractor_tx
 


C

contractor_tx

Guest
Ok, I read it. Now, do you care to offer an interpretation of my particular case in light of the law as you understand it.

Thanks
 

JETX

Senior Member
Okay, since you now know how the law reads... and how the courts have interpreted it in some cases... review your agreement and see if you feel that it meets the letter of the Texas statute and the caselaw. After all, we certainly can't read your agreement.

Suffice to say, that generally, Texas courts don't like 'non-competes'... especially if they are one-sided and without specific benefit.
 
C

contractor_tx

Guest
Are there any Texas attorneys that read this board and can give advice on this issue?

Thanks
 

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