Texas Non-Compete Agreements Attorney
Non-Competes and Employment Agreements
It’s common for employers to use non-compete clauses and other restrictive agreements as part of their employment contracts nowadays.
If you’re required to sign either a non-compete or employment agreement in Texas to secure a job, it’s essential to understand your rights. Whether you’re facing restrictions on future employment or need insight on the enforceability of a current non-compete, contact David Langenfeld, a Texas non-compete agreements attorney, to fight for you.
Understanding Non-Compete Agreements in Texas
Non-compete agreements, also known as “covenants not to compete,” are employment contracts restricting the employee from working for a competitor or starting a competing business after leaving the job they’re under contract with.
Although Texas enforces these agreements under certain conditions, there are legal limitations to how restrictive they can be.
What Makes a Non-Compete Enforceable?
In Texas, a non-compete agreement must meet specific requirements to be enforceable:
- Agreement must be limited in scope and duration, meaning that it should only restrict the employee from working in certain areas or industries and for a limited period of time.
- The geographic area covered by the non-compete should be reasonable apply only to locations where the employer conducts business.
- The employer must have a legitimate interest to protect, such as trade secrets, client lists, or other proprietary information, rather than existing simply to prevent competition.
If a non-compete agreement is unduly restrictive, Texas courts can modify its terms or invalidate it entirely.
If you believe this applies to you, contact David Langenfeld, an experienced Texas non-compete agreements attorney today for a free consultation.
Situations Where a Texas Non-Compete Agreement Attorney
Can Challenge Signed Contracts
Employees may have grounds to challenge a non-compete agreement in Texas if:
- The agreement’s restrictions are broader than necessary to protect the employer’s respective interests.
- The agreement was signed under duress and/or without proper consideration.
- The employer has not fulfilled their binding obligations under the contract, such as providing specialized training or confidential information.
Texas courts scrutinize non-compete agreements and are unwilling to enforce those that unfairly limit a person’s ability to earn a living.
Other Common Employment Agreements
Non-compete agreements are just one type of employment agreement that employers might ask you to sign.
Here are a three others you might face in which a Texas non-compete agreement attorney can help you as well:
Confidentiality Agreements
Confidentiality agreements, also known as nondisclosure agreements (NDAs), are designed to protect an employer’s confidential and proprietary information. By signing an NDA, you agree not to share certain information with others, both during and after your employment.
These agreements are typically enforceable in Texas, provided they are not overly broad.
An NDA should outline what information is confidential and apply only to what is truly sensitive and proprietary.
Non-Solicitation Agreements
A non-solicitation agreement prevents an employee from soliciting the employer’s clients and/or staff after leaving the company, yet it must be reasonable in scope, duration, and geographic range.
In Texas, non-solicitation clauses are more likely to be enforced when they restrict solicitation of customers or employees the individual had direct contact with during their employment, as opposed to an across-the-board prohibition.
Severance Agreements
A severance agreement lays out the benefits and terms of compensation the employee will receive post-employment and may include waivers and release clauses, in which the employee agrees not to sue their employer for specified claims.
Protecting Your Rights as an Employee in Texas
While employee agreements are generally permissible in Texas, they must comply with certain standards to be enforceable.
Here’s how to protect your rights:
- Review your employment agreement for overly broad language, such as restrictions lasting for too long of a time period or covering an unreasonably large geographic area.
- When it comes to negotiating terms or challenging the enforceability of a non-compete or other employment agreement, a knowledgeable Texas non-compete agreement attorney can help significantly to protect your rights.
- By understanding what are and aren’t enforceable terms of non-compete and other employment agreements, you’ll be better able to identify and legally address them.
Legal Remedies for Unreasonable Non-Compete Agreements
If your employer enforces an unreasonable or overly restrictive agreement, you might be able to challenge it in these ways:
Modify or Invalidate
Texas courts can modify an excessively restrictive agreement or simply refuse to uphold it.
Seek Damages
You might be able to recover damages if the court invalidates your agreement, especially if it resulted in loss of finances.
File a Lawsuit
Sometimes employers fire employees for refusing to sign unreasonable employment agreements, in which case there might be grounds to pursue a wrongful termination claim.
A Texas Non-Compete Agreements Attorney Who Has Your Back
David Langenfeld is an experienced and aggressive Texas non-compete agreements attorney who only represents employees, never employers. He will fight to get you what you are owed from your employer. Contact David today for a free consultation.