Houston Non-Compete Agreement Attorneys

Helping Individuals Throughout Texas With Non-Compete Contracts

For many people, a condition of employment at a new job will require signing a non-compete agreement. 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. At Kennard Law, P.C., we have 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.

For a consultation to discuss your goals and concerns, contact our non-compete agreement lawyers in Houston today. We advise and represent clients throughout Texas.

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.

What Cannot Be Included in a Non-Compete Agreement?

While a non-compete can be an effective way for employers to protect their best interests, the agreement cannot be so restrictive or unreasonable that it prevents a worker from making a living.

Some of the red flags in a non-compete agreement are:

• Unspecified time periods: Employers must include a timeframe in the agreement, as a non-compete cannot last forever. A reasonable time period can range from 6 months to 2 years, depending on the work and industry.
• Unreasonable geographic limitations: A geographic restriction can be reasonable to avoid overlapping within a specific region given a certain radius. However, an unreasonable restriction would be to shut out an entire state or a vast region.
• Vague or ambiguous restrictions: The restricted activities should be specified and within reason. For example, requesting that an employee cannot accept a job in an entire industry can be considered too broad.

If an employer is forcing you to sign a non-compete, make sure you have our attorneys review the fine details to help ensure that your best interests are protected.

Protecting Small Businesses Through Strategic Contracts & 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 & The Service You Deserve

With offices in Houston, Austin, San Antonio, Southern California, Rio Grande Valley, El Paso, and Washington D.C.

Call us at (855) 499-4514 to arrange a consultation with our knowledgeable Houston employment contract attorneys.