For numerous individuals, a condition of employment at a new job will require signing a non-compete agreement. Many companies require employees to sign these employment contracts to prevent them from working for a competitor after they leave. However, if you have been fired or laid off from your job, a non-compete agreement can make it difficult to find a suitable new position. Kennard Law, P.C., has a strong track record of helping employees navigate their non-compete agreements before they are signed and advising on enforceability after they leave a company.
The Legal Standards For Non-Compete Enforcement In Texas
Texas has strict laws as to what qualifies as a valid non-compete agreement. Our attorneys are skilled in finding holes in these employee contracts which invalidate the agreement, thus freeing you up to pursue new employment without restriction.
In order for a non-compete agreement to be considered enforceable by law in the state of Texas, it must meet the following requirements:
- Reciprocity: A non-compete agreement can only be made as part of a larger contract that offers benefits to both the employer and employee. A contract that consists of only a non-compete agreement, without making further requirements, is likely invalid.
- Necessity: Your employer needs a legitimate reason to not want you to work for another company in the same field once you leave. If you have access to trade secrets or specialized training as part of your job, your employer has a reasonable interest in not allowing you to leave and put that training to use for a competitor.
- Reason: The restrictions of your contract must be specific and reasonable. The law is vague about what constitutes reasonable, which can make legal disputes between workers and their former employers very complicated.
In addition, if you have been asked to sign a non-compete after being hired and are not offered additional compensation of some form, the enforceability of the contract might be questioned if a legal dispute should arise.
Protecting Small Businesses Through Strategic Contracts And Non-Compete Agreements
Our firm also advises small businesses on the merits and enforceability of their employment contracts. If a current or former employee has breached any part of his or her contract, such as a non-compete or confidentiality clause, we can help. Our lawyers have an in-depth understanding on the state laws and requirements of these employee contracts. We can assess a current contract or create a new one to ensure your business is protected.
Get The Representation You Need And The Service You Deserve
Contact us via email or call us toll free at 855-KENNLAW to arrange a consultation with our knowledgeable employment law attorneys. We have office locations in Houston, San Antonio, El Paso, Harlingen, Austin and Washington, D.C. Se habla español.