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Can i be sued if contract is expired and work privately for client

Grapevine, TX |

i work for home health company in texas in april will be two years and thats when contract runs out saying i want work privately. the client contract states i cant go privately for 1 year after quitting or they will sue them for 10 thousand and me 3 thousand can they do this.be cause they want me privately.

Attorney Answers 1

Posted

It sounds like you have a covenant not to compete question. Covenants not to compete in Texas must be reasonable in terms of scope, geographic area, and duration. Whether they comply depends on an analysis of your particular facts and circumstances. Also, a covenant not to compete must be ancillary to an otherwise enforceable agreement. This means that the company had to offer some independent consideration (value) for the covenant. Texas courts historically have been reluctant to validate a covenant not to compete, but have somewhat relaxed that position of late.

All that said, you would have to have an attorney read the covenant, and evaluate and assess your particular facts and circumstances.

Good luck.

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2 comments

Asker

Posted

thanks the son in law wanted to hire me as a hose keeper and dog sitter in same house and i dont want to be sued i have nothing

Brian W. Erikson

Brian W. Erikson

Posted

If you have nothing, you are likely judgment proof. That means that even a creditor with a judgment could not seize any of your assets. People don't usually like to sue knowing that they will not be able to recover any money. Also, in Texas, a creditor cannot garnish your wages. So, if the company threatens you, feel free to tell the company that you are judgment proof. However, there is a chance that the company may try to secure an injunction to keep you from breaching your covenant not to compete.

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