Multiple non-compete questions

There are many questions involved in my non-compete issues and I do plan on seeking the advice of an attorney. However, I would like some general information to determine if I have a strong case.

My original non-competes(2) were signed while employed by a company which has since been purchased and then undergone a merger. Are these assignable contracts or should new non-competes have been signed?

These 2 non-competes were also signed under duress. Annual review (merit based) raises were held until they were signed, no other incentive was given. Does this void the originals?

I signed these contracts while living in NJ but now reside and work in Texas. The new company has offices located in Texas. Should this be viewed as a Texas or New Jersey fight?

I have worked in application support in the telecommunications industry and my position (along with others) is being offshored with the current staff being laid off without cause. Does that open a potential loophole that can be exploited? Since my services are no longer considered of value to my employer would I be able to offer them freely?

I have a copy of the first non-compete, the second was not allowed to be copied. Am I entitled to request a copy of all the contents of my personnal folder? Additionally, the company requires the signing of another non-compete at termination for the serverence package? Doesn't this carry an implication that any previous documents are invalid? I do not have access to the exit non-compete but may be able to get my hands on one.

Additionally, the language in the non-compete is very broad, restricting working for the entire telecommunications industry in the entire geographic US in any capacity for a period of 1 year (first non-compete) and 3 years (second non-compete). Do these levels make the contract completely unenforceable? Or would it still be enforceable if I were to perform work with the application I am currently working with?

My goal is to be in a solid barginning position for the exit interview to be able to negotiate a much stronger severance package. The client would dearly love to take the support of this application in house and has tried on two previous occassions but was stymied by the complexity of the application. Therefore, I'm sure they would willing to hire me. My primary goal is leverage in the severance negotiations, barring that, in this tight job market I would like to be able to take the job available to me.

Thank you for your time.

1 answer  |  asked Sep 17, 2002 4:51 PM [EST]  |  applies to Texas

Answers (1)

Trey Henderson

Wow. You have a lot of questions and you should seek the advice of a local employment attorney. For a brief description of Texas employment laws and non-competes, got to If you wish to negotiate a better severance, you need to know your rights.

posted by Trey Henderson  |  Sep 18, 2002 5:54 PM [EST]

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