I got a job offer at a competing company, and my current company is threatening to sue me if I go over there. I'm so pissed right now I can't even think straight.
In the software industry, it is. It was almost unenforceable in Texas until two years ago from what I can tell, but I'm not a lawyer.
my understanding is that non-competes rarely hold up in court. I would chat with an expert if I were you. Few hundred bucks out of pocket could be very well spent.
Correction: the law changed 2 years ago in a case in which a similar agreement was held up when it was signed in exchange for stock options (i.e., there was consideration). Agreements that do not involve some form of consideration are not looked favorably upon in Texas. Unless you were given something to sign this agreement you are probably fine. I would definitely speak with an attorney.
I can understand why you are mad but I can also understand your former employer as they probably want to protect their "intellectual propery". I can only suggest that you read what you signed (with regards to the non-compete clause) that you signed with your former employer. From what I understand, if you are being hired for a different position, I don't think the non-compete applies.
welcome to the 21st century. was so lucky that the company i worked for before got bankrupt. so they let me go FREEEEEEEEEE.
They actually are enforceable, if they are structured correctly. Compensation must be done at the time of hire I believe, but there are loopholes. My suggestion would be to hire a lawyer and have them look at the contract. If its to broad it may not be enforceable.
I'm finding out that they are enforceable in certain circumstances. I just need to figure out if mine is one of them. Urgh.
It doesn't always matter about enforcement. Like most lawsuits, it's about frivolity and putting the parties into positions they don't want to deal with. Meaning, they can threaten a lawsuit and the company looking to hire you suddenly doesn't think you're worth the trouble anymore.
I know a guy who was extremely helpful and it only cost a little bit of cash if you're willing to pay upfront. Spoiler
I don't think the new company cares because they never signed an agreement. It only effects me. They could prevent me from working there through an injunction and sue me for damages.
