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  1. #1

    Default Non-Compete in a Marketing Agency Contract

    My question involves labor and employment law for the state of: Texas

    I signed a non-compete from my employer (who is an advertising agency), thinking it was the standard consensus that I'd not do freelance work in the same field that I work (media advertising). However a few months into my career I learned the non-compete restricts us to moving onto employment to the other marketing agencies in our city. I was not aware of this, and after reviewing the paperwork I signed I was able to decipher that this truly was the case. I am considering moving to another agency because I require higher pay and professional growth opportunities. With the threat of suing me for monetary damages even though i've been a wonderful, productive employee for the past few years, what can I do to counter this? Is this really legal?

  2. #2
    Join Date
    Apr 2018
    Posts
    100

    Default Re: Non-Compete in Marketing Agency

    Yes.
    In 1989, the Texas legislature enacted section 15.50 of the Texas Business and Commerce Code. Section 15.50(a) states:

    [A] covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Non-Compete in Marketing Agency

    Quote Quoting htx_advertiser
    View Post
    With the threat of suing me for monetary damages even though i've been a wonderful, productive employee for the past few years, what can I do to counter this?
    Take the contract to an employment law attorney for review and determine what the risk of a lawsuit is and whether you would have any defenses.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Non-Compete in Marketing Agency

    agree you need to take the full agreement to a local employment law attorney for review

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