When Do Employers Enforce Non-Compete Agreements?

Many companies in Texas have non-competition agreements with their employees, but not all companies enforce them.  Some companies will sue the departing employees for violating non-compete agreements, even thought such agreement may not be valid under Texas laws.  Others, will not bother with enforcement even though they have valid agreements on hand.  The reality is that the validity of a non-compete agreement is only one factor in a company’s decision whether to enforce it.

COVID-19 Texas Employer Guide – CDC Recommends Safety Measures for Critical Infrastructure Employees Exposed to COVID-19

The Center for Disease Control and Prevention (CDC) just issued an Interim Guidance that pertains to “critical infrastructure workers,” who may have been exposed to COVID-19. 

CDC advises that such workers may be permitted to continue work following potential exposure to COVID-19 as long as they remain asymptomatic and additional precautions are implemented to protect them and the community.

COVID-19 Texas Employer Guide – Are Non-Compete Agreements Still Enforceable?

In Texas, the reason for termination of employment – whether it was for cause, without cause, a layoff, a reduction in force, or any other reason – does not affect the enforceability of a non-compete agreement. Therefore, employers should not assume that non-competition agreements are no longer enforceable and must carefully approach enforcement of such agreements against departing employees as well as the hiring of new employees who may be still bound by non-competition agreements with their former employers. 

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