Q: Consulting for employer through LLC while under non-compete in TX?
I am currently employed as a venue manager by a wedding venue in the wedding and event planning industry. I signed a non-compete agreement that states I will solely work for the company and not engage in wedding coordination or planning for other venues while employed. I also own an LLC from a previous business in the same field. I’m considering doing consulting work related to weddings for my current employer through my LLC, in addition to my regular duties. Is this type of arrangement possible without violating my non-compete agreement?
A:
You actually have two issues.
First, the language of your non-compete will determine whether your proposed consulting work through your own LLC violates your agreement with your employer. Most non-complete agreements would prohibit such work.
Second, you appear to also have an agreement to work solely for your employer. If I understand that correctly, you have explicitly agreed to dedicate your full working time and efforts to work only for that specific employer. That means you cannot take on additional paid work as long as you are working for that company. No gig work. No second job. No one-off projects. Etc.
You can volunteer your time for free, but you can't get paid for any other work whatsoever.
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