A non-compete clause, non-compete agreement, or covenant not to compete are all synonymous and attempts to prevent someone from competing in a similar trade or profession for a specified period of time. Texas law balances an individual’s right to work against the other party’s interest in maintaining its competitive advantage in the market.
A written non-compete is enforceable in Texas so long as the term and scope are reasonable and the consideration given for the covenant gives rise to the employer’s interest in restraining competition. The most common consideration that supports an enforceable non-compete is an employer’s exposure to confidential and proprietary trade secrets.
Texas law on non-competes changes constantly. Therefore, it is essential for employers and employees that encounter non-compete agreements seek legal counsel promptly. VLF has advised and represented dozens of employees and small businesses in the Houston area regarding non-compete issues and is readily available to help you with yours. Contact us now to step up an appointment.