No compete clause limitations?

I currently work in human resources for a security company in Dallas. I am not management. I do not have access to privleged or confidential company information. I was approached by another security company to work for them in the same capacity. I checked my files and found a no compete clause. I know that in my indsutry management or sales this is makes senses but I am in HR. I do not have the ability to harm my existing employers business. Don't they have to prove that? I can't take accounts or solicit. I have even told by my boss that, though he wants me to stay, he would let me go. I just don't want to get sued.

Plz help!!

1 answer  |  asked Jul 29, 2011 12:37 PM [EST]  |  applies to Texas

Answers (1)

Jill J. Weinberg
The agreement MUST be reviewed by an employment law attorney who keeps up with the constantly changing non-compete law cases. The attorney must first determine if the agreement was properly written under Texas law. Even if the correct language is in the agreement, then there must be an analysis of the specific facts surrounding your access/knowledge of confidential information (as defined in the agreement) and how the company PROTECTED such information (under lock and key? pasword protected? labled " highly confidential? etc..
If your prospective new employer wants to hire you away, is it willing to pick up your legal fees etc. if/when you get sued for alleged violation of the (assumed) valid NC? If so, have the business agree to it in writing. If not, are you willing to shell out $10,000 to $100,000 to defend yourself?
To minimize liability,learn what your options and liablities may be BEFORE you jump ship.

posted by Jill J. Weinberg  |  Jul 29, 2011 2:39 PM [EST]

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