Can a non-compete be upheld if I was laid-off?

[singlemomintx]

Hello,

I am a high-tech recruiter for the last 10 years in tx. Worked for a corp company based out of MI for the last 2.5 years. Was laid off in their 2nd or 3rd round of layoffs. I signed a non compete that apparently has jurisdiction in MI. Since I was laid off...is this truly enforceable here in Texas?


Well...yes, they are trying to enforce it...they had an attorney in MI send me a letter trying to say I was running a staffing business out of my home and/or working for a competitor...which I was not, I have only been laid off 3 weeks! I sent a email to attorney to say i wasn't and took down my order that I had posted on a networking sight while wking at company...(not working on them now of course) They want me to not work for 1 year!

 

[jharris352]

No. They will not try to enforce a non-compete unless you are using proprietary knowledge that you learned while working for them.

 

[singlemomintx]

Well...yes, they are trying to enforce it...they had an attorney in MI send me a letter trying to say I was running a staffing business out of my home and/or working for a competitor...which I was not, I have only been laid off 3 weeks! I sent a email to attorney to say i wasn't and took down my order that I had posted on a networking sight while wking at company...(not working on them now of course) They want me to not work for 1 year!

 

[jharris352]

They really can not force you to not work. Those agreements are notoriously impossible to enforce unless you go after their clients or use knowledge of a proprietary process that you learned while you were with them. Go get a job.

I just thought of something. Their consideration for this contract is to give you a job. Once they remove that consideration I would say THEY have broken the contract and you are no longer held to it. That's my theory, I could be wrong.

 

[Patricia_Young]

Honestly, have a local attorney review the document. Noncompetes CAN be enforceable, but such enforceability (or not) is state-specific and there is no way we can tell without reading it in its entirety.