Is the owner of a facility able to restrict an employee of a construction company working on that site, from quitting and going to work for another construction company on that same site?

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Is the owner of a facility able to restrict an employee of a construction company working on that site, from quitting and going to work for another construction company on that same site?

Asked on October 24, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Texas is an at-will employment state-- which means that an employer can terminate the relationship at any time for any reason (as long as it's not for an illegal purpose like discrimination).  The same is for the employee... an employee can terminate the employment relationship at any time and go work for someone else.  The exception to this rule is if you had a valid non-compete agreement (which said you could not go work for someone else).  If you did not sign an agreement like this, then you can quit and go work for someone else, regardless of how close or far away they are.

If your current employer calls the new company you want to work for and lies about your performance so as to interfere with your employment prospects, then you may have a defamation suit associated with his attempt to black-ball you in the contruction trade.


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