18. What happens to me if I violate the non-compete agreement by letting my employer work in the same sector? A non-compete agreement is a contract between you and your current employers and – perhaps – that generally impose certain restrictions on your employment opportunities after you have stopped working for that employer. 15. I left my old company to take a job in a new company. The new company did not tell me that I had a non-compete agreement until I had already left my old job. Does that mean I`m stuck in this? The best thing would be to have no non-competition at all. Otherwise, you should try to limit this situation as much as possible in the geographical area and in the long term. Limit it strictly to the area where the employer really cares about your work – not to the entire industry or the entire circle of work. You may, for example, ask yourself that the restriction on the clothing retail sector lies when you work in a clothing store, unlike retail in general, which would cover a very wide range of possible jobs that really have nothing to do with each other. The objective is to limit the agreement to what is necessary to protect the employer.

You should also consider seeking severance pay in the event of involuntary termination. Often, you have no choice but to sign a non-compete contract if you want to work for the employer. Potential employers will likely ask questions about competitions that have already been signed. They do not want to be surprised by a former employer who wants to impose restrictions. [15] Lawrence E. Blades, Employment at Will vs. Individual Freedom: On Limiting the Abusive Exercise of Employer Power, 67 Colum. 1404, 1410. L. Rev.

Only the provisions of collective agreements and other employment contracts unjustifily protect workers from dismissal, grounds that „are wrongly considered by the employer to be justified,“ or additional or illegal grounds. Under Texas law, „a non-compete agreement is applicable if it is, as of the date of the agreement, a side effect of another applicable agreement, to the extent that it contains temporal and geographic areas and the extent of the activity to be limited, which are appropriate and do not show greater deference than is necessary to protect the commercial interest of the promised.“ [57] Physicians are subject to special rules, including the fact that a physician cannot be prohibited from „continuing to care for and treat a patient during an acute illness, even after the termination of the contract or employment.“ [58] If you have already signed a non-compete clause, you need to know what the document says in order to assess the impact it can have on your future business plans.