Is discussing my termination with other prior to the action legal? If so is a non-compete enforceable?

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Is discussing my termination with other prior to the action legal? If so is a non-compete enforceable?

My current senior vice president had a discussion with my area vice president
and others including someone not within our company regarding terminating me in
order to put one of his people in place. I am currently ahead of my metrics and
do not have any internal issues HR. My area vice president was let go for the
same reason days after the conversation regarding me. Are the actions of my
senior vice president legal? If I am terminated without cause, is my non compete
enforceable? I am an at-will employee in Texas.

Asked on October 24, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) There is NO legal restriction on discussing an employee's termination--whether before or after the fact--with anyone else unless there is some contract (e.g. a nondisclosure or separation agreement) preventing this. This is perfectly legal.
2) As an at-will employee, you may be terminated at any time, for any reason, no matter how good you are doing, including to replace you with someone else.
3) If you did not receive something else of value (e.g. stock options; a bonus payment) for signing the noncompete, it should not be enforceable against you if fired not for cause. If the ony thing you received for signing it was your employment (that you could keep working there), then in taking away your employment without you being at fault, they take away the "consideration," or thing of value, you received in exchange for your promise to not compete.  Without consideration, the agreement is not enforceable. But if you received something else of value (stock, money, etc.) in exchange for signing, that other thing of value would be consideration and would make the contract enforceable even if you are terminated.


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