I sign a contract with a 2 mile non compete every year, but my current employer doesn't get the contract to us to sign until Jan/Feb. It is a one year contract. I haven't signed my contract yet this year. Am I currently under a non compete b/c it's understood or does the non compete expire with the contract?

I�m no lawyer but I�ve battled some non competes.
Most of the ones I�ve had were for the length of time after employment.

And for the most part are uninforceable in Texas. They have to compensate you basically your salary for the time involved to not compete.

Why are you signing a non compete yearly with your current employer? Is the turnover rate high or something?

I'm no lawyer but I play with contracts in my business. And contracts are written to be very specific for a purpose. So if the dates are outside the window then no you wouldn't be subject to that contract, unless it is spelled out differently.

Doesn't a noncompete deal with time?
How do you non compete by the mile?

You stated it is a one year contract. Has it been been over a year since you signed that last contract?

Contract should have a term date, presumably Dec. 31, 2017. However, there may also be some type of "evergreen" language whereby the contract automatically renews upon the term date for some specified period of time unless either party provides notice (usually written required) to the other party of intent to term.

Your either under contract or your not. Since its expired your not unless as stated above their is some evergreen type language.. However your employer may not like it if you do compete. Could cause issues.

Are you an employee, or do you get a 1099?

Is the non-compete only effective during your employment, or is it effective if your employment stops?

I'm an employee at will. My memory of the contract is that it is a non compete for a 2 mile radius. After reading these comments I'm starting to talk myself into that it carries on for a year or two after employment termination.

Sorry I cant be more definitve but i've been here 15 years and wasn't planning on leaving. I'm sure the the company would have emailed me the signed contract had I asked, but obviously it would be awkward to ask for it now that the contract has expired.

I�m having problems understanding the 2 mile radius thing. What type of business is this, like a corner kiosk or something?

Here�s my thoughts: you signed a contract 15 years ago that you can�t remember. The only way a non compete works is if they pay you a bunch of money to stay off their turf. Anyway you would definitely remember the payout after 15 years even if you didn�t remember the specifics of the contract. For this reason, I tend to think whatever you signed was NOT a non compete.

You should be good to set up your lemonade stand on whatever corner you like.

Is Texas a right to work state?

Colo is and non compete agreements are basically unenforceable.

Yes Texas is a right to work state.

non compete is usually for a area and a time frame after you have quit. They have to have some compensation that is reasonable to be any good tho. They are hard to enforce without compensation. They don't have to be your salary but something a reasonable person would have signed knowing the law. I guess if you make a 100,000 a year you would not have signed a 10,000 a year contract to sign. This is what will get it thrown out of court. They usually are for one to two years hard to get any more then that. They are enforceable if they are written correctly tho.

I wouldn�t have signed any of that [censored] without an attorney checking it out bud.