Are Non-Competes Enforceable for Employees Fired for Refusing Covid-19 Vaccine?

Texas employees who refuse COVID-19 vaccine may be terminated. If they have a non-compete agreement with their employer, assuming the agreement meets the appropriate legal requirements, i.e., among other things, is reasonable, has geographic, scope, and term restrictions, and is supported by consideration, the fact that the employee was terminated or quit over the COVID-19 vaccine requirement, is not going to make the agreement invalid.

Are Surgery Centers’ Non-Compete Agreements Valid in Texas?

In recent years, it has become quite common for surgeons to become part owners of free-standing ambulatory surgery centers in Texas. Often, their purchase of the ownership comes with the strings attached – a requirement that they perform a certain number of surgeries at that particular ACS and that they do not compete with the ACS within a certain geographic radius.

Texas Non-Compete Law: Confidentiality, Just Like Beauty, Is In the Eye of the Beholder

In non-compete disputes in Texas, employers often argue that everything that they provided to employees was confidential, while employees argue that nothing that was provided to them was confidential. As the result, the issue of confidentiality often ends up being an ultimate “fact issue” that must be resolved by a judge or a jury.

What Employment Bills Will Texas Legislature Consider in 2021?

In 2021, the Texas legislature will consider employment law bills that will: expand employment discrimination to include gender identity and expression, require paid sick leave; prohibit inquiries into wage history or criminal background (prior to offer of employment); require advanced notice of work schedules in food and retail establishments; prohibit non-disclosure and arbitration contracts in sexual harassment disputes, and raise minimum wage, among others.

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