Noncompete Agreement Held Unenforceable in Lawsuit Against Pasadena, Texas Construction Foreman
A Pasadena, Texas construction foreman successfully argues that a noncompete agreement is unenforceable, and then obtains a dismissal of the entire suit.
Houston, Texas (PRWeb) January 16, 2006 – A Pasadena, Texas man successfully persuaded a Harris County court that a noncompete agreement he signed was unenforceable. The Defendant worked as a laborer for a Pasadena environmental services and steam cleaning company when he decided to leave for personal reasons. After finding work at a different company in Pasadena, Texas as a construction foreman, his former employer sued him for violating the terms of a noncompete agreement. An ex parte order from the Court initially prohibited the employee from working at the new company until the Court could hear evidence relating to the matter. The former employer argued that its ex-employee should be prohibited from working for any competitor in Texas or Louisiana for a period of two years. In essence, the employee would have been unable to work in any industrial capacity for two years under the interpretation of the agreement offered by the Plaintiff company.
On December 2, 2005, at the Temporary Injunction hearing, the employee testified that he was unaware he signed a noncompete agreement, and that he was never provided with any of the promised “confidential trade secrets” claimed to support the noncompete agreement. Furthermore, he offered testimony that the new company did not compete with the former company. The Plaintiff’s President offered sharply contrasting testimony. After hearing testimony from other witnesses, including the president of the new employer, and reviewing the agreement, the Court sustained the employee’s objections and refused to enforce the agreement. The employee returned to return to work for his new employer the next day.
Following the Court’s pronouncement, the Plaintiff’s company dismissed the lawsuit on January 6, 2006 by filing a Notice of Nonsuit of all remaining claims. This amounted to a complete victory for the employee and a defeat of the claims of the company attempting to force compliance with the noncompete agreement.
If you have a question about the enforceability of a noncompete agreement, you may reach the attorney who successfully defeated this claim, Mr. Steven Grubbs in Houston, Texas at 713-951-1014, or visit www.sswpc.com. Mr. Grubbs is Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law.