Employment Discrimination Sample With Non Compete Clause In Collin

State:
Multi-State
County:
Collin
Control #:
US-000267
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint. The complaint provides that the plaintiff was an employee of defendant and that the plaintiff seeks certain special and compensatory damages under the Family Leave Act, the Americans with Disability Act, and Title VII of the Civil Rights Act of 1964.

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FAQ

Under Texas law, a covenant not to compete is only enforceable if it is ancillary to or part of an otherwise enforceable agreement and it contains reasonable limitations regarding time, geographical area, and scope of activity.

Non-Competitive Activity at New Employer: One of the most straightforward ways to overcome a noncompete is by ensuring that your new role with a different employer is in a non-competitive capacity. If you're not engaging in activities that directly compete with your former employer's business, you may be in the clear.

You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.

To be valid under Texas law, a covenant not to compete must be “ancillary to an otherwise enforceable agreement.” Then, the restrictions must be reasonable in scope. The “otherwise enforceable agreement” requirement simply means that both parties to the contract must have made binding promises.

Yes, a company can prevent you from working for a competitor in Texas if you have signed a valid and enforceable non-compete agreement.

While your non-compete would still potentially be enforceable, non-competes typically would only prevent you from working for a competitor. Since you indicate that the company that you are taking a position with is not a competitor, but is a customer, it is unlikely that your non-compete would apply.

Courts also tend to frown upon non-compete agreements that don't allow an employee to leave the region or state and continue to work, A non-compete agreement is unenforceable, if the geographic scope of the restriction is far too broad.

(c) Employee name agrees not to set up in business as a direct competitor of company name within a radius of number miles of company name and location for a period of number and measure of time (e.g., “four months” or “10 years”) following the expiration or termination of this agreement.

In Kansas, non-compete agreements are only enforceable if “terms are reasonable and necessary to protect a legitimate business interest of the employer such as customer relations or trade secrets.” In essence, an employee can compete with a former employer, but an employer can use a non-compete agreement to prevent ...

Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.

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Employment Discrimination Sample With Non Compete Clause In Collin