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Non-compete agreement?

956 Views | 3 Replies | Last: 5 yr ago by The Wonderer
CalTex
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Asking for a friend...

She is in international business/sales and is considering making a move.
She did not sign a non-compete when she began working at the company 8-9 years ago.

I know every company is different, but if they hand over a non-compete to sign when she leaves, and she signs it... what are the implications if she goes against the agreement? Lawsuit?

Also, what if she does not sign the agreement? Can they withhold the last paycheck, etc?

Thanks and Gig 'em!
Marvin_Zindler
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AG
Assuming she is in Texas? There must be consideration for a NC to be enforceable.
Curios Ag
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AG
Don't sign.

Why would she sign after 8-9 years? Usually you sign those up-front.

FrioAg 00
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AG
Unless the signing of this is part of some larger package - like a separation payment, a release of liability, etc, - why would she sign it?

No, fair employment laws are very tight on reasons for holding a last paycheck. The penalties are steep too.

Honestly the right answer for her is don't sign ANYTHING when it's oresented to her. Tell them "of course I'll need time to review the document and possibly have counsel looks at it"
The Wonderer
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AG
Don't sign it - nothing they can do about it unless they pay money for the NC to be enforceable (consideration requirement for a valid contract as previously stated)

Withholding last paycheck is a steep violation of Texas Payday Laws (most states have these if not in Texas) and a very quick way to a lawsuit.
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