Non-Compete Agreements Attorney in Houston, Texas
What advice do you have for someone who signed a noncompetition agreement but wants to move to a new job?
What advice do you have for someone who signed a noncompetition agreement but wants to move to a new job?
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00:04
my approach to handling non-competition
00:08
cases really varies on the stage
00:11
so if i believe that something is
00:14
imminent if i truly believe and my
00:17
client agrees
00:18
that they’re coming after you my
00:21
approach is always to first
00:23
file what we call a declaratory judgment
00:26
action proactively that allows me
00:30
when if there’s a counter claim or if
00:32
there’s something to come
00:33
comes from the other side it allows me
00:36
to tell the judge
00:38
we saw this first and i wanted to get
00:41
out ahead of it
00:42
we filed this first because the
00:44
non-competition isn’t any good
00:46
for the following reasons it could be
00:48
where they were going to bring the where
00:50
the
00:50
the agreement says the lawsuit should be
00:53
brought it could be a whole lot of other
00:55
things
00:56
but i always tell my client that’s the
00:58
best practice
01:00
because you’re telling the judge that
01:02
you’re getting out you’re you wanted to
01:03
get out ahead of it
01:04
now on the other side in a situation
01:06
where my clients
01:08
been been sued you know
01:12
you have to realize that generally the
01:15
other side is going to have more
01:16
resources than my client does
01:18
it’s just the an element of reality
01:21
i will counsel with my client and ask
01:25
what what what can you live with what’s
01:28
reasonable and then go to the other side
01:31
and see if that can be worked out you
01:34
know this is not about because
01:36
attorney’s fees can accumulate in these
01:37
cases
01:39
but that’s the same for both sides and
01:42
nine times out of ten
01:44
whoever the lawyer is on the other side
01:46
i’ve worked with him for her before
01:49
on on many occasions and
01:52
sometimes you can come to an agreement
01:54
sometimes mediation
01:56
is an option sometimes you just want to
01:59
you know let’s get everybody in the room
02:02
it’s a business deal
02:03
and let’s make a business decision and
02:06
that
02:06
helps a lot of times we can resolve a
02:09
lot of these things
02:10
in the beginning you know
02:11
non-competition agreement cases
02:13
generally have a shelf life until
02:16
after the temporary injunction hearing
02:18
so in that
02:19
say 28 day to 5 week period
02:24
if the schedule goes as it’s supposed to
02:27
that’s where all the
02:28
attorneys fees and time and effort
02:31
is is is used and i always tell my
02:35
clients
02:36
that let’s try to use that time
02:38
productively
02:39
because i always tell my client that you
02:42
can’t
02:43
make any money in my office only i can
02:45
and let’s get you out of here
02:46
let’s figure out figure out a way to get
02:48
you out of there and it and a lot of
02:50
times it works
03:05
Houston, TX employment law attorney Gregg M. Rosenberg shares his advice for someone who signed a noncompetition agreement but wants to move to a new job.
