Q: In the state of Texas is a no hire clause enforceable if it’s between 2 businesses and the employee affected didn’t know
I work for a company who is a contractor for a bigger company. I recently applied to work for the bigger company, was offered a job, then told I couldn’t work for them because my current employer (their contractor) and them signed a contract with a no hire clause in it.
A:
An antipoaching or no-poaching agreement between two businesses may or may not be legal based on the language of the agreement and the particular circumstances of your particular case. Ordinarily, whether the employee knows about such an agreement is not a significant factor in determining whether the agreement is enforceable. The fact that your company is a contractor for the bigger company is a significant factor in favor of such an agreement being enforceable. But that does not mean that there are not other factors which outweigh that one.
This is a matter that requires a very careful and thorough examination of the facts and detailed analysis of the agreement in place between the two businesses. It is not a question that can be answered in a blog like this or even in a typical $500 initial consultation with an attorney experienced in this area of law.
A: Yes, however I would need to see the contract to determine if it is enforceable.
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