Non Breakable
16 August 2010
Non Breakable
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I have a non-compete with my employer/consultancy in MI and I work in TX at the client site. Is this enfored?
I have a non-compete, non-hire and non-solicit with my employer/consultancy in MI, which deals with software services. I have been with this firm for over 3 years and currently working in TX at the client site. The client wants to hire me, but my employer tries to enforce the non-compete agreement. Is it breakable, as well enforceable?
My opinion would be that your current employer would be crazy to try and enforce a non-compete in Texas.
Having been to several state (CA, NM, MA) hearings regarding employee, employer relations (disputes), the state is generally leaning towards the employee side in all cases. I believe this happens because the employer almost always has more resources than the employee which, makes the proceedings unfair to the employee.
The only cases where I could imagine the employer has an advantage would be when the employee is in the million dollar or more tax bracket.
