Legal Question in Employment Law in Texas
5 year employment contract
My husband has worked for his company for 4 years .1 year into his employment his employer asked him to sign a 5 year employment contract.My husband has not had a raise in 4 years and decided to resign.He gave his letter of resignation letter with a month notice.He is concerned that his employer will sue.It is not a non compete.In his new job there is no way of giving trade secrets or taking clients with him when he leaves.Is he correct in being worried?
2 Answers from Attorneys
Re: 5 year employment contract
This answer will depend on the terms of his agreement, against a changing legal background. He certainly should seek competent counsel to review this situation.
Re: 5 year employment contract
You answered part of your question already. They are trade "secrets". It is best to think of it as on your last day, you leave those secrets on your desk when you walk out.
The trade secret is a two way sword. It may seem that is gives you an edge in the new job but what you lose is trust. If you demonstrate to your new employer that you cannot keep a secret then it allows them to legitimately question why should they trust you with their secrets.
With regards to taking your business contacts with you, this is something you need to discuss with a local attorney. Make a copy of your contract for him/her to review as well.
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