| Read Time: < 1 minute | #Noncompete Agreements

Misconceptions Concerning Noncompete Agreements in Texas

On the street, there are many misconceptions about noncompete agreements in Texas.  One myth is that, for a noncompete to be enforceable, the employer must have given the employee a cash payment, or a promotion, or some other monetary benefit.  But this is not the law in Texas.  Usually, what the employer provides to the employee as consideration for...

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| Read Time: 2 minutes | #Noncompete Agreements

In Texas, Noncompete Violation Per Se Can Justify Injunction

Are noncompete agreements enforceable in Texas? You bet they are—more than ever. You know it’s bad news for the employee who is being sued when a court opinion starts with: “Texas law presumes a party has read and knows the terms of the contract that he has signed.” Ever since the Marsh USA decision, Texas courts have increasingly had...

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| Read Time: < 1 minute | #Tortious Interference

Hiring At-Will Employees in Texas. Tortious Interference with Contract?

Is it lawful for a company to hire one of its competitor’s employees? It may seems ludicrous to some to ask this question. But in a recent Texas appellate decision, the court actually considered whether a tortious interference with contract claim to be based upon Company A hiring an at-will employee from Company B. The court held: “A claim...

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| Read Time: < 1 minute | #Non-Solicitation

In Texas, Nonsolicitation Provisions Must Be Reasonable

Even though noncompete and nonsolicitation provisions generally are enforceable in Texas, they must be reasonable in scope. In a recent case from the Fort Worth Court of Appeals, the court held that a provision prohibiting solicitation of employees was too broad and, therefore, unenforceable. The provision in question prohibited the employee, for a two-year period, from soliciting or employing...

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