The Right to Work Myth and Texas Noncompete Law

February 11, 2011 / By Robert Wood

Texas courts continue to confirm the enforceability of some noncompete agreements here.  I routinely here from people that "Texas is a right to work state, and noncompete agreements are not enforceable here."  Five years ago, Texas courts were extremely unsympathetic to noncompete agreements.  But ever since the Sheshunoff and Mann Frankfort cases were decided, Texas courts have been more willing to enforce restrictive covenants against employees.

A recent case from the federal Northern District of Texas proves this point.  There, the employee was trained on the employer’s "processes and requirements."  "She also became familiar" with the employer’s "price schedule" for one of its customer contracts.  This kind of confidential information is routinely conveyed by employers to employees.

After the employee resigned, became employed by a competitor, and began doing work for one of her ex-employer’s customers, her former employer sued her for violating her noncompete agreement.

The court enforced the agreement, based upon the confidential information that was conveyed.  In doing so, the court noted, "Two to five years has repeatedly been held as a reasonable time limitation, and the restraint here only lasts six months.  And Texas courts have upheld geographical limitations preventing competition within a metropolitan area, as the 50-mile limitation essentially does here."

OBSERVATION:

Once again, a Texas court dispels the "right to work" myth.  In Texas, noncompete agreements can indeed be enforceable. 

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About the Author

Robert Wood has been a Texas trial lawyer since 1993. During that time, he has represented small, mid-sized, and Fortune 100 companies in business and employment litigation matters all over Texas and the United States. He has also advised and represented hundreds of individuals in employment litigation matters. Read more about Robert Wood