| 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...

Continue Reading

| 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...

Continue Reading

| 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...

Continue Reading

| 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...

Continue Reading

| 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...

Continue Reading

| 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...

Continue Reading