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Texas Non Compete Question

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penny7712

Junior Member
What is the name of your state (only U.S. law)? TX

I need advice regarding the limitations of a non compete clause that I signed.

My questions lie in this paragraph:

Employee agrees as a condition of employment that, in the event of termination for any reason, he/she will not engage in similar or competitive business for a period of four years, nor will he/she contact or solicit any customer with whom Employer conducted business during his/her employment at any time. This restrictive covenant shall be for a term of four years from termination, and shall encompass an area within a 50-mile radius of Employer's place of business.

As of now, it has only been 3 years since termination. Here are my questions:

Can I conduct business of a similar nature with new clients that are outside of the 50-mile radius at this time?

After the four years have passed, can I conduct business with clients that my previous employer conducted business with during my employment?
 


cbg

I'm a Northern Girl
There is no way on earth anyone should attempt to interpret a contract based on an isolated paragraph since there could be language in the non-quoted portions that modifies the quoted portion. You'll need to take the ENTIRE document to an attorney in your state for review.
 

penny7712

Junior Member
There is only one other brief paragraph, I will post it later when I have time

Here is the last paragraph:

Employee agrees that Employer's customer lists, processes, design techniques, sales materials, and pricing information constitute the sole and exclusive property of Employer, and that the same are "trade secrets" under the law. Employee promises that under no circumstances shall he/she disclose same, during or after the term herof, and upon violation of this provision Employee agrees that Employer shall be entitled to an injunction, compensatory and punitive damages, and reimbursement for its counsel fee.
 
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