I am a personal trainer in Texas. I signed a no-compete while working for my former employer saying that I wouldn't solicit past or current gym members for 3 years. I have since opened my own gym. I have not saught any of my former clientel, however they

I signed a no compete while working for a previous employer saying I would not solicit past or current members of his gym for 3 years. Lately I have had several of his customers sign up for free trials through internet ads. He has threatened to sue me if I let them in my gym. Can he do this? I certainly didn't seek them out. If their contracts are up with him and they don't wish to renew, why can they not choose to come here, if I haven't pushed them in that direction?

1 answer  |  asked Jan 26, 2017 4:27 PM [EST]  |  applies to Texas

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Answers (1)

Trang Tran
The 3 year restriction sounds more like a non-compete and a non-solicitation. In Texas an employer who wishes to enforce a 3 year non-solicitation must prove that the restraint created by the non-compete must not be greater than necessary to protect the employer's legitimate interest such as business goodwill, trade secrets, or other confidential or proprietary information. Third, the promise's need for the protection given by the agreement must not be outweighed by either the hardship to the promisor or any injury likely to the public. A 3 year restriction does not seem to be narrowly tailored. I wrote a blog about non-compete and non-solicitation http://www.tranlf.com/non-compete-texas/

posted by Trang Tran  |  Jan 27, 2017 5:54 PM [EST]

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