“Texas is a right to work state–non-compete agreements are unenforceable here.”

You’ve heard that 100 times, right?  I know I have.

And it is dead wrong.  The fact that Texas is a “right to work” state means that Texas employees can’t be forced to join a union.  It has nothing to do with whether non-compete agreements are enforceable.

In fact, non-compete agreements are enforceable in Texas if they are (a) supported by adequate consideration and (b) reasonable in scope.  These concepts are discussed in this blog.

So, the next time someone guarantees you that your non-compete agreement is unenforceable because “Texas is a right to work state,” don’t believe them!