Texas employment contract breach

I signed a four year employment contract with my current employer two years ago. I recently received a job offer from a firm in a similar industry (but not a competing firm). There is no clause in the employment agreement regarding termination of the contract by the employee. Should I worry about resigning, or do I risk being sued by my current employer? The contract states that "the Employee recognizes and acknowledges that a breach of this Agreement would result in immediate and irreparable harm for which there is no adequate remedy at law and that the ascertainment of damages in the event of a breach of any provision of this Agreement would be impossible. Employee therefore agrees that the Employer, in addition to all other remedies it may have, shall have the right to injunctive relief if there is a breach."

1 answer  |  asked Nov 26, 2004 11:42 PM [EST]  |  applies to Texas

Answers (1)

Pamela Parker
Employment contract

The short answer is that yes, you do risk being sued by your employer. From the section that you quoted, I suspect there is another clause somewhere that prohibits you from taking employment with a competing company. These clauses are commonly known as non-competeís, and they must meet meet very specific criteria in order to be enforceable. Without looking at the entire contract AND talking to you about the circumstances of your employment, it is impossible to know whether the company could actually get an injunction to keep you from taking another job, but either way the company could potentially sue you for breaking the contract before the four year term is over. You may, however, be able to negotiate a release from the contract, which would keep you from having the potential of a lawsuit hanging over your head.

posted by Pamela Parker  |  Dec 1, 2004 4:17 PM [EST]

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