Question on Maryland based Non-compete

HI Mel,
I have 2 questions for your review. I signed a non-compete and at will contract in Maryland for a Maryland (Aerotek) base company but have always worked in Texas. Could the Non-compete be enforced by Texas law or must would it reside in Maryland?

Second,
If I do not solicite my previous clients while employed could they keep me from working in the same industry?

The non-compete is fairly indepth and cover duration (18 month), geographic area (50 miles), and encompases any type of staffing. I wanted to see what suggestion you might have.
Best regards,
Chris

1 answer  |  asked Feb 27, 2003 11:21 AM [EST]  |  applies to Texas

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Answers (1)

Karen Fitzgerald
Maryland Non-Compete

Chris:

This is a difficult question to answer definitively. It is possible that a Texas court would interpret the non-compete under Texas law, but it is not a definite. You should review the non-compete to see if it includes a choice of law. Does it say that Maryland law applies or does it say that Texas law applies? Even if it says that Maryland law applies, there are times when a Texas court will apply Texas law in interpreting a non-compete for public policy reasons.

Second, it is impossible to answer your question about whether they can keep you from working in the same industry without reviewing the agreement. Courts will enforce a non-compete if it complies with the statute and is reasonable in scope for the time duration, geographic scope and duties restricted. This is a very fact intensive analysis.

For a definitive answer, you need to contact an attorney and have the attorney review it for you.

Good luck!

Karen Fitzgerald

posted by Karen Fitzgerald  |  Feb 27, 2003 11:43 AM [EST]

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