When does competition begin according to a non-compete agreement.?

Question

I have a non-compete agreement with my former employer that does not end for til the end of the year. I would like to open my own business and compete against him. I am not trying to solicit his clients but I will likely solicit unknowingly former or current clients at some point and be competing at regional trade shows. Being that I want to honor my promise, when does competition legally start? The day I incorporate? The day I publish my website? Or would it be the day I begin soliciting clients or land one? There is so much work to do and I don't want to put myself out there by filing by Inc. papers or registering a domain name. My former boss will probably be looking for a reason to come after me. I am in Texas if that makes a difference.

Peg thanks for the attempt however you basically re-phrased my question. I am going to compete with my former employer, that is not in the air. At what point in the time/space continumn would I be considered in competition with my employer is my question. When I Inc, when I began ordering business cards, or when I actively begin working? The reason is I'd like to Inc, set up a website and print cards and other promotional items but do I have to wait till the agreement expires before doing so even though I am planning to wait until the expiration to actually conduct business.

Answer 1

You need to examine the exact terms of your contract - they should spell out exactly what 'competition' means. If the terms are NOT described in detail, then it can include anything and everything than can be considered competition, including prohibiting you from even working in the same field, either for other firms in the same/similar capacity, or on your own in the same field, until the term is up.

Answer 2

Non compete are criminal and enforecebale as long as they don't keep you from being profitable. 5 miles and one 365 days sounds noticeably minimum. Why won't be able to you go 5 miles away? for someone in such solid structure as you, that's almost walking distance :) i replaced into afraid you've been going to assert 5 years, three hundred miles. which will be unenforceable. except, like me, you stay in a city that's in simple terms 5 miles throughout the time of, and the subsequent city is 25 miles away, you may have a not basic time convincing a court docket that 5miles and one 365 days is laborious, now to not instruct prevents you from being profitable, could he be sure to seek to implement the words.