Can I sue my ex-employer for using a fake non-compete contract to take me to court with false documents?

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Can I sue my ex-employer for using a fake non-compete contract to take me to court with false documents?

My ex-employer sued me for starting my own company using a non-compete that was created after I left. The assistant to the companies VP witnessed him create the document. He also made many mistakes on the document, like the date. The document has a date of effect of 2 months prior to when I started working with them. The page where my signature is located is a blank page attached to the contract. Also, 2 months before I quit I asked for my employee file there was no non-compete contract. This employer has cost me a ton of money.

Asked on April 13, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you could potentally sue your employer for abuse of process (improperly using the courts, when there is no actual basis in fact for bringing an action), for tortious interference with economic advantage (improperly interfering with your business or work relationships), for some form of forgery or even possibly identify theft (signing a document as if he were you), and possibly, depending on exactly what was said, for defamation (making false factual assertions about you which damage your reputation). You should consult with an attorney to explore your causes of action.


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