Every business should take at least the following steps to protect its trade secrets: (1) have employees sign non-competition / non-solicitation and confidentiality agreements and (2) turn on proper security features on all document management systems and databases, such as Google Share Drive, Microsoft 365, Dropbox, etc., and any databases used by the business.
Category: Small Business Help
The Fifth Circuit Rules Industry-Wide Noncompete Agreements Are Not Enforceable
The Fifth Circuit Court of Appeals recently considered whether a travel agency’s noncompete agreement with its employee was enforceable under Texas law. It concluded that because the agreement did not have geographic limits, was not limited to the travel agency’s customers with whom the employee actually worked during her employment, and included entire travel agency industry, the non-compete was unenforceable.
A Texas Court of Appeals Explains Employees’ Fiduciary Duties in Texas
Employees owe a duty of loyalty to their employer and may not: (1) appropriate company trade secrets; (2) solicit away the employer’s customers while working for the employer; (3) solicit the departure of other employees while still working for the employer; (4) carry away confidential information.
Can an employer require employees to repay training costs in Texas?
Generally, training repayment provisions in employment agreements are enforceable in Texas. Employers should make sure that such clauses are written in a clear and understandable manner and are not hidden within employment contracts. When determining the parameters of the reimbursement policies, companies should make sure that they comply with the Texas Texas Free Enterprise and Antitrust Act of 1983, which prohibits the restraint on trade.
Staffing Agency Could be on the Hook for Termination of an 83-Year Old Receptionist at Client’s Request
The Fifth Circuit recently addressed an interesting issue – when a staffing agency’s client asks to replace an employee, does the staffing agency have a
The Fifth Circuit Reminds that the Interactive Process Under ADA Is a Two-Way Street
The Fifth Circuit recently found in favor of the City of Austin for firing a disabled employee because he did not attempt to perform his