The courts around the country seem to agree that the more “passive” the social media activity is, the less likely it is to constitute a prohibited solicitation of customers or employees, and the more “active” the posts are or the more akin they are to oral solicitations, the more likely they are to violate non-solicitation prohibitions. In this post, I take a closer look at the various decisions from across the country and synthesize common themes.
Tag: Dallas non-compete lawyer
Top 5 Non-Compete Cases in Texas in 2018
Unlike many other states around the country, Texas did not see any drastic changes in its non-competition laws in 2018. However, out of a 100 + cases involving non-competition disputes, the following handful stand out either because they addressed a novel issue or clarified an area of confusion in this gray area of the law.
What Are Acceptable Non-Solicitation Restraints for Sales Employees?
While a non-solicitation clause that prohibits a sales employee from soliciting all company customers may sometimes be justified, most of the time it is much more reasonable to limit the non-solicitation restraint only to the customers and prospective customers with whom the sales employee directly interacted rather than every customer in the company’s database.
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.
Buc-ee’s Repayment Provision in the Employment Agreement Is Declared Unlawful, Likened to Indentured Servitude
In Texas, covenants limiting employees’ professional mobility are unlawful restraints on trade unless they fall within the exception created by the Covenants not to Compete Act.
Can an Employee Prepare to Compete with His Employer While Still on the Employer’s Payroll?
In Texas, employees have the right to resign from employment and go into business in competition with their employers (absent a non-compete agreement). There is