I joined a company for technical training and they trained me in a computer course for 3 months paid a stipend and the agreement said i am not supposed to work for 1 year upon successful completion of training at any other company for the same job profile and the training is complete and they are not deploying us anywhere as agreed so i am thinking about joining another company and the contract says i enter a non-compete agreement but there is nothing said about fine or legal proceedings so what are the consequences if i join another company for the same job and they find it out
Try re-posting with some punctuation.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
If the non-compete agreement is valid, then the employer's recourse against you would be to seek a temporary restraining order/injunction to stop you from working at the other place. There may also be damages, but the most common relief sought is injunctive; that is, an order from the court that you may not do something. You should also know that your new employer would likely be added to the suit as well, both for the same injunctive relief and possibly for damages.
Proceed with caution.
I am an attorney licensed to practice in the state and federal courts of Texas only. Any advice provided herein is offered for educational purposes only. No attorney-client relationship is created through the use of this forum, and cannot be created through asking and answering questions here. You are strongly encouraged to hire a lawyer.
Mr. Bracy's answer is correct, and furthermore, since it would be a breach of your contract with the company, they would likely be entitled to recover the fees they paid their attorney from you in addition to any damages and stopping you from working for a competitor.
There's an incorrect rumor that non-competes are not enforcable - not true. If the non-compete is reasonably limited in time (1 year is probably reasonable) and scope (geographic and type of position), then it's enforcable. You might want to hire a lawyer in Dallas who handles these types of matters to review your contract and advise you. You can always ask the company if they will release you from the obligation since they aren't "deploying" you anywhere (whatever that means). If they agree, get them to put it in writing, signed by a person authorized to bind the company.
The question is, is the agreement enforceable? In Texas, non-competition agreements are generally found to be non-enforceable as they are a restraint on trade. However, a properly drafted non-compete can be found enforceable. The purpose of a properly drafted non-compete is to protect the proprietary information of the employer. To be enforceable the employer must have given you this proprietary information and the information must in fact be proprietary.
For example, if you worked for Coca-Cola, and they gave you the formula to Coke, that would be considered proprietary information. Coca-Cola could prevent you from going to a competitor and giving them the formula by having you sign a non-compete.
The non-compete cannot be overly broad in duration and scope to be enforceable. Many times courts will reduce the duration and scope of a non-compete if is in fact found to be enforceable. One year is probably an acceptable duration, but it depends on the circumstances. The geographical distance that you are restrained from competing in is another deciding factor of enforceability.
Of course, you don't have to worry about this until you leave or are terminated. However, you should definitely have an attorney review the agreement to see if is enforceable and to possibly negotiate better terms for you.
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