Will a judge enforce a non-solicitation, confidentiality and non-disclosure agreement with a former employer if I start my own business?

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Will a judge enforce a non-solicitation, confidentiality and non-disclosure agreement with a former employer if I start my own business?

I signed a non-solicitation, confidentiality, and non-disclosure agreement with a former employer, in court, do they enforce this? I want to start my own business but my former employer is threatening to take legal action if I do. I have not taken any customers from them, any employees, nor am I giving away or using their trade secrets. Am I in violation of the agreement if I do start my own business?

Asked on August 25, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Non-solicitation, non-competition, and confidentiality agreements are fully enforceable against employees who start their own businesses. As to whether the specific agreements you signed will prevent you from doing this, it depends on the terms of those agreements; agreements like these are contracts, and either party may enforce their particular terms. To understand what you can and cannot do, bring copies of the agreement to an attorney to review with you.


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