Tag: Enforcing Non-Compete in Texas

Are Non-Compete Agreements Enforceable in Texas?

Generally, Texas allows non-compete agreements between employers and employees as long as they are reasonable in scope, geographic area, and term, and meet a few other requirements. See my previous posts about those requirements here, here, and here.  Practically speaking, however, whether a particular non-compete agreement…

Defending Non-Compete Agreements in Court – What Evidence Does an Employer Need?

Last week, the Fourteenth Court of Appeals issued a ruling in a case involving a non-compete agreement between a legal services company in Texas and its former marketing director. While the facts and arguments made by the parties were pretty ordinary, the Court’s opinion…

Not Including a Buy Out Clause in a Medical Non-Compete Can Be Fatal to Its Enforcement

In Texas, non-compete agreements that relate to the practice of medicine must meet certain statutory requirements in addition to the consideration and reasonableness conditions discussed here.  Last week, the Fourteenth Court of Appeals in LasikPlus of Texas, P.C., et al. v. Mattioli  denied a lasic clinic’s application for a…

In Texas, a Court Can Rewrite Your Non-Compete For You, But It Might Cost You a Pretty Penny

Texas courts have the authority to rewrite non-compete agreements that they find to be unreasonable. Thus, a business might be tempted to draft a broad non-compete agreement thinking that when a push comes to shove, it can just ask the court to reform the…

Practical Guide to Enforcing Non-Compete Agreements in Texas (Part II)

If you have followed the steps in Part I, you might now be in possession of evidence confirming that your ex-employee is violating his or her non-compete agreement. Such evidence will do you no good, however, if the non-compete agreement that you are relying…

Practical Guide to Enforcing Non-Compete Agreements in Texas (Part I)

You have just learned that one of your former employees might be violating the terms of his non-compete agreement with your company.  What should you do? Should you call him and ask him to stop? Should your general counsel send him a letter threatening…

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