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I am involved in an "onerous contract" agreement. I want to know how can I get out of this without being sued by my employer?

Houston, TX |

I have been working for an IT services company for almost a year now. I signed a contract agreement with them to stay for 3 years, but I found another company that offers more benefits and higher pay. My ex co-worker left the company and is now being sued for it because he signed the same agreement as I did. I feel trapped at this job and want to get out. What does the law say in Texas about agreements such as these and if I go to court will the employer win.

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Attorney answers 4

Posted

Before you attempt to terminate your contract with this company, you should consult a local employment attorney. It sounds like you have an employment contract. An attorney will need to review the contract to determine 1) whether it is enforceable, 2)whether there are any provisions that allow you to terminate the contract, and 3) what your financial exposure is should you decide to breach your obligations under the contract, assuming the contract is legally binding.

At the end of the day, your options will depend on the terms of the contract and applicable Texas law. You need an experienced Texas employment attorney. Good luck.

Posted

First of all, "onerous" is a great word. In Texas, reasonable employment agreements are generally strictly enforced. However, it is impossible for any attorneys on this site to give you meaningful advice without a chance to review the actual terms of the contract. I strongly encourage you to consult with an experienced labor and employment attorney. Allow the attorney to review the situation with you face-to-face, and go over the specific terms of the contract. Then he/she should be able to give you specific advice on the enforceability of the contract, and your potential liability exposure.

Good luck.

Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.

Posted

The advice from the other attorneys is correct. You need to consult with an employment law attorney; and take your written agreement to him/her to review. Your attorney can look at the specific terms of your contract, and will advise you according to the terms in that agreement.

Rengin Bekhtyar's answer to a legal question on Avvo does not establish an attorney-client relationship.

Posted

PLEASE QUIT ASKING THIS SAME QUESTION OVER AND OVER AGAIN... You've already met with folks also for free... just HIRE YOURSELF AN ATTORNEY. No one here is going to simply offer your a free solution to your problems. Please have some respect for Attorneys. If you can't, how are you ever going to get legal assistance. There is no free work here...

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