Are Courts Actually Enforcing Non-Compete Agreements During the Pandemic?

While the enforcement of non-compete agreements around the country remains strong, the courts are looking closer at whether an employee will suffer “undue hardship” if his or her non-compete is enforced. Thus, employers should avoid taking unreasonable positions in court and be prepared to explain why enforcing a particular non-competition agreement will not prevent an employee from earning a living.

Emerging COVID-19 Legal Challenges for Staffing Agencies and Possible Solutions

On September 25, 2020, I will be presenting a lunch-and-learn webinar on emerging Covid-19 legal challenges for staffing agencies and possible solutions, organized by the National Association of Personnel Services. The presentation will focus on the new challenges that that staffing and personnel placement firms face due to COVID-19, from FMLA leave and ADA issues, to OSHA and CDC compliance issues, to the indemnification and force majeure issues in contracts with clients.

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.

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