In order to make Texas a better place for business, it’s crucial that we create fair agreements between employees and employers, and that we enforce those agreements when either side tries to abuse them. If any of the following topics has become a source of trouble for you at work, please call me to learn how I can help.
In the most traditional sense of the term, a non-compete agreement is an agreement that prevents an employee from taking away business from their employer. For instance, let’s say Hank is offered a job in downtown Houston. Before hiring him on, however, the employer asks Hank to sign some paperwork stating that he will not create a similar business in the same geographic area, steal away clients or coworkers, or otherwise use what he’s learned at this company to sabotage it in the future. For your understanding, here are some of the terms Hank is likely to see in such an agreement:
From both the employer and employee perspective, non-compete agreements are usually very black and white. However, shades of gray can come into play when wording is ambiguous, when an employee feels morally obligated to blow the whistle on its employer, and in countless other scenarios.
That’s why, if you are an employer, you should always talk to an attorney about drafting your employment contracts correctly. And if you are an employee or prospective employee, you should consult with an attorney before signing any paperwork that you find unclear, unfair, or unethical.
Outside of non-compete agreements, there are many other types of contracts that an employer, employee, or third party could break (“breach”), giving the other side reason to file a lawsuit. For instance, if a company hires a contractor who fails to complete the work they agreed to complete, the company may decide to take legal action against the contractor. Likewise, if an employer fails to pay its workers overtime, those workers might choose to sue the company. And if an employee starts working with one of their employer’s competitors, the company could file a lawsuit against that employee.
If you think someone may have breached their contract with you, don’t leave it to chance. Let an experienced set of eyes review the contract and advise you on what steps to take in order to correct the situation. Just think — by standing up for yourself today, you could be preventing the same injustice for others in the future.
Employment law is complex, but that’s what legal resources like myself are for. If you know or suspect that an employer, employee, or contractor has failed to uphold their end of a deal with you, please give me a call. It would be my honor to help you get past this issue.
