Noncompete Agreements Archives - Page 8 of 8

Dec 4, 2006 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Texas Non Compete Law After Sheshunoff: Promise to Convey Confidential Information to Former Employee Unnecessary

Another quick hit on the ramifications of Sheshenoff. In recent years, employers have not infrequently added to their non-compete agreements a promise to convey confidential information to the employee, even if the employee no longer worked for the employer when the information was conveyed. The purpose of this was to address the employee’s argument that, "Because I’m an at-will...

Oct 19, 2006 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Texas Non Compete Agreements. What Constitutes a Promise to Give Confidential Information?

In a recent case, the employer’s consideration in exchange for the employee’s promise not to compete was set forth in the following provision: Employer hereby agrees to provide to Employee any specialized training necessary, in the opinion of Employer, to allow Employee to conduct the duties of employment with Employer. Employer further agrees to provide to Employee any...

Oct 18, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Texas Non Compete Contracts: Is Term of Employment Sufficient Consideration for Non-Compete?

One of the most frequently-litigated issues involving noncompete agreements is whether the consideration given by the employer was adequate. There are generally two parts to the inquiry: one, whether the consideration given was real (i.e., not “illusory”); and two, whether the consideration given justified the noncompete agreement in question. Giving a definite term of employment satisfies the first requirement,...

Oct 9, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Texas Non-Compete Agreements: Practical Considerations

Practical considerations in this area of the law include the following: For the Former Employer : 1. In addition to (or in lieu of) a non-compete provision, an employment agreement may contain non-solicitation or employee raiding provisions. A non-solicitation provision typically prohibits a departing employee from soliciting his former employer’s customers. The "old" employer should be cognizant of...

Oct 8, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Available Remedies in Texas Non Compete Cases

An employer may be entitled to injunctive relief to enforce a non-compete agreement in Texas. To obtain permanent injunctive relief, it is not necessary to prove that, without an injunction, the promisee will suffer irreparable harm. But that is not the case with respect to temporary injunctive relief. Most courts hold that to obtain temporary injunctive relief to enjoin...

Oct 7, 2006 | By Robert Wood | Read Time: < 1 minute | #Noncompete Agreements

Texas Non Compete Agreements: Scope of Restrictions

A non-compete agreement in Texas must not impose upon the employee greater restraints than are necessary to protect the business and goodwill of the employer. Moreover, the scope must bear some relationship to the activities of the employee. It is generally permissible to keep an employee from soliciting business from customers with whom he dealt during his employment, and...

Oct 6, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Enforceability of Texas Non Compete Agreements: “Ancillary” Requirement

Once an otherwise enforceable agreement has been found to exist, the next question is whether the non-compete provision is "ancillary" to that otherwise enforceable agreement. Texas courts have made it clear that the following must be true for a covenant not to compete to be ancillary to an otherwise enforceable agreement: •The consideration given by the employer [in...

Oct 5, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Texas Non-Compete Agreements: Otherwise Enforceable Agreement

Non-competition covenants are typically contained in written (employment) agreements that contain many other provisions. The first step in determining whether an enforceable non-compete agreement exists is to mentally draw a line through the non-compete provision and examine the remaining provisions. The pertinent question with respect to the remaining provisions is: Have both the employer and the employee made binding...

Oct 3, 2006 | By Robert Wood | Read Time: 2 minutes | #Noncompete Agreements

Labor Laws Texas. Texas Non Compete Agreements: Other Common Provisions

Texas non-compete agreements often contain various other provisions, including the following: Choice of Law. Non-compete agreements typically will specify which state’s law will decide whether, and the extent to which, a non-compete agreement is enforceable. Even in cases in which the parties have agreed that the law of a state other than Texas will apply, the court will...

Noncompete Agreements

Get Instant Answers