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Non-compete...to sign or not to sign?

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A

ArubanGal

Guest
HELP! New Gal (in the optical field) here from TX.
Could really use some advice!
Last week, I was hired by a small, high-end retail otpical shop here in TX. Well, everything was fine and dandy...but then she mentioned that she wanted me to sign a non-compete. Well, our interview continued on and she said she'd call me when the documents were ready.
I didn't think too much of it all week...in fact, I spent the wee shopping for all new professional business attire that would be suitable for this "poche" store.
Well, today she called and told me the agreement was ready and to come by and pick it up. Well, I did and was SHOCKED by what I saw.
The non-compete term read that I could not participate in any form of optical/lens retail for 4 YEARS in the entire county!!! Now, call me crazy, but isn't this a little ridiculous???
I mean, the optical filed is my livelihood!!

Am I waaaaaaaay off base here, or not?
Suppose to start this MON!!! What should I do?????
Thanks!!!
 


A

ArubanGal

Guest
Just an update!
I went to this woman yesterday and tried to negotiate the trems set forth in the non compete. SHE WOULDN'T BUDGE!
The only concession I did get was a probationary period of 3 months!
I hope someone has some input!!
Thanks!!!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ArubanGal:
Just an update!
I went to this woman yesterday and tried to negotiate the trems set forth in the non compete. SHE WOULDN'T BUDGE!
The only concession I did get was a probationary period of 3 months!
I hope someone has some input!!
Thanks!!!
<HR></BLOCKQUOTE>

My response:

Did you receive any money, or promise of a raise, or other consideration for the agreement. In the agreement, it should say something like, "In consideration of this agreement, Employer promises to pay Employee . . ." If there is no condition of "consideration" in the agreement, it's invalid.

However, despite proper consideration for you signing the agreement, it's probably over broad in its scope, and too lengthy in time, in any event. Most State courts will not enforce such agreements because they have a tendancy to preclude people from working.

You know what? I'd sign it with a smile, and wouldn't mention any of the above to her. Then, when I quit after two years, let her try to enforce something that either has no "consideration" or is so over broad as to be unconstitutional and unconscionable.

IAAL



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A

ArubanGal

Guest
Hiya!!
Thanks SO much for the input! Glad to know I wasn't so far off base! Guess I have 3 months to think about it anyways, huh?
I gather I would run into Court fees in a BIG way, though, should I break the agreement in a year or whatever. Another thing, however, that concerns me is what if she went to a future employer and informed them of the sutuation - they sure wouldn't want to get involoved in a legal dispute!!
I can't blame them a bit...SO, this could damage my future, right?
Thanks again!
 

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