Protecting the Rights of Frisco and Plano Businesses and Workers
Covenants not to compete have a long and winding history in Texas. On the one hand, the law recognizes the detriment of restraining trade by preventing a worker from transferring to a new company. On the other hand, non-compete clauses allow businesses to invest in their employee’s training and to disclose confidential, necessary information without concern that their competitors will benefit when the employee changes jobs.
The Albin Roach team understands how these competing interests affect our clients. Our Plano and Frisco employment lawyers remain up-to-date on the constantly evolving laws pertaining to non-compete provisions. Drawing on our substantial experience and extensive research in the area, we advocate for your best interests in this important employment contract provision.
Enforceability of Covenants Not to Compete in Texas
Section 15.50(a) of the Texas Business & Commerce Code governs covenants not to compete. Under Texas’s law, a non-compete clause is only enforceable if it is ancillary to or included in an otherwise enforceable agreement when the agreement is made — meaning the employee received consideration in return for signing the agreement. In addition, non-competition restrictions must not surpass what is necessary to protect the business’s interest and must be reasonable in regards to:
- Geographical area
- Scope of activity
Advocating for Employees’ Rights
A non-compete agreement limits your future employment opportunities. Before signing, you should carefully weigh whether the consideration is worth the limitations on your career. Consulting our experienced team at the contractual stage can help you avoid signing a contract that you later regret.
If your employer attempts to enforce a non-compete agreement against you, we review the contract for unfair and unenforceable terms. For example, we may determine that you were not provided acceptable consideration for signing the agreement or that the scope of the agreement is too wide to be enforced.
Protecting Business Interests
Companies have many valid reasons for demanding a non-compete agreement from employees, including:
- Investing in expensive employee training
- Preserving confidential information
- Protecting trade secrets and intellectual property
- Guarding customer and vendor lists
- Preventing the competition from strategically mining employees
Unfortunately, if the non-compete agreement is poorly drafted, a court could render a non-compete agreement signed by your employee unenforceable. Our Plano and Frisco employment lawyers draft an agreement that is reasonable in scope and effectively protects your business interests.
We recommend utilizing our services before offering your employee the non-compete contract. Our early intervention can often avoid future employment disputes and ensure your access to remedies when a problem occurs. If your employee violates your non-compete agreement, our lawyers take immediate and effective action to mitigate damage to your company and pursue all legal remedies available.
Learn More About Enforceability of Non-Compete Agreements
Albin Roach can help you draft, sign, enforce or dispute a non-compete agreement. Call our employment lawyers at 214-423-5100 or contact us online for contract and litigation support in Plano and Frisco.