The application of a non-compete agreement assumes that it is considered unfair to the worker; Otherwise, the court may either refuse the execution or limit its scope and duration. But as an employer, you have the right to take all legal measures to protect yourself. If you need help developing a non-compete agreement or enforcing an agreement with a former employee, talk to an experienced and experienced Bennett Weston lawyer who is seeking advice. Historically, Texas public policies have advocated the promotion of competition for businesses and have weighed on the employer to show that the non-compete clause is necessary. However, recent court decisions have largely interpreted legal language to support the application of non-competition agreements. Under Texas law, non-compete agreements must be part of an otherwise valid employment contract and are enforceable only if they are appropriate and do not impose greater restrictions on a worker than is necessary to protect the legitimate interests of the company. Common sense is therefore the key to a valid non-competition agreement. Hero: A non-compete clause prohibiting employees from competing with their employer wherever the employer works (unlike where the employees worked) may be enforceable against workers who have had access to the company`s confidential information. A non-compete agreement is a clause in an employment contract that generally prohibits the worker from working in a competing company or setting up his own competing business within a specified time and geographic area. These agreements are designed to protect the employer from unfair competition.
For example, without any non-compete clause, the CEO of a company could bring his trade secrets to a competing company offering a higher salary. Hero: A confidentiality agreement prohibiting workers from using the general knowledge, skills and experience gained in previous jobs is similar to a non-compete clause and must meet Texas Covenant requirements not to act against competition law. A staff member may also opt out of a non-competition agreement if the restrictions are inappropriate. In particular, a non-competition agreement must be reasonable to be applicable in the following way: for a non-competition agreement to be applicable, the worker must be duly or sufficiently taken into account.