As a lawyer who often handles contract disputes related to Texas competition contracts, one of the questions I am asked more than anyone (by employers and employees) is: ”Is my Texan competition agreement applicable?” Keywords: non-competition agreement, labour law, employment contract Learn more about the applicability of competition bans in Texas… To exit a non-compete agreement, you must prove that the non-compete agreement is unenforceable. At Wood Edwards LLP, we have helped thousands of Texas employees opt out of their non-compete agreement and we are ready to help. To start, simply fill out the abbreviated form below (or call (214) 382-9789) and a lawyer from our firm will contact you shortly to discuss your case. But things are changing. The Texas courts have begun to see a non-compete agreement in a more favourable light. This has strengthened the applicability of non-competition agreements. But there are still some obstacles. To be applicable, the agreement must be supported by a valid consideration and restrictions on workers must be proportionate with respect to the limitation of activities, the duration of the agreement and its geographical scope. For example, if your employer says that they gave you confidential information or special training in return, you must prove that the information or training was not really special. The Texas Business and Commerce Code`s Non-Competition Clause Act sets out certain rules for companies that want to encourage employees to sign non-compete contracts. Employers have had their employees sign these agreements for many years, but they have generally had difficulty effectively imposing a non-compete agreement when employees have violated them.
In general, the courts have sided with workers because the agreement jeopardizes their right to live. In order to increase the likelihood of a non-competition agreement being implemented, firms should consider the following: the worker recognizes that, during the course of his employment, he is necessarily familiar with the employer`s other workers and with their skills and skills. With respect to the worker`s commitment not to compete with the employer for a period of time defined in this agreement, the worker agrees not to ask, for the duration of that contract, a person he knows as an employer worker to work in a company or company where the worker is employed or in which the worker has a good or investment. The interest. In addition, the employee undertakes not to hire or promise any of the employer`s current employees for the duration of the alliance. While exiting a non-compete agreement in Texas can be complicated, there are many strategies that employees can use to show that a non-compete agreement is not applicable. There are other reasons why a non-competition agreement can be unenforceable – and allows an employee to get on his own terms – even if he is reasonable and properly considered. Here are some examples of why a Texas worker can opt out of a non-compete agreement: even if a non-compete clause is in effect under Texas law, that doesn`t mean that an employer who complains about the application of the agreement automatically takes over. An employee linked to a non-competition may have different defenses.
The impure hands of the employer, for example, can be a defense against false relief. Or an employer seeking an injunction may not have suffered irreparable harm or have an appropriate remedy.