Absolutely. Texas businesses can and should continue to protect their interests through legally compliant nonsolicitation and nondisclosure agreements. The key is ensuring that these agreements are drafted to meet legal standards for reasonableness and necessity.
Federal judge tosses U.S. ban on noncompetes A federal judge in Texas has struck down the government's ban on noncompetes. An estimated 30 million U.S. workers are subject to the employment agreements.
The answer is: Yes, they can be. Texas law makes non-compete agreements enforceable if they are: Accompanied by or part of an otherwise enforceable agreement; Supported by valid consideration (ie.
Under Texas law noncompete agreements can be enforceable if: The noncompete provision is part of an otherwise enforceable agreement. The non-compete requirement is supported by valid consideration (consideration meaning something of value provided to the employee).
Whether you are able to work for a competitor after signing a non-compete agreement in Texas depends on the specific terms of your agreement and whether it is considered to be reasonable and enforceable under Texas law.
What happens if you break a non-compete in Texas? If a covenant not to compete is violated, a court may award the employer monetary damages and/or injunctive relief, but it will generally not be able to recover its attorney's fees.
Confidentiality and nondisclosure agreements typically: Describe the context for the parties' agreement, referencing any related transactional documents. Define the specific information to remain confidential. Outline the parameters for the parties' use of confidential information.
That said: In general, an NDA should not stop you from getting a new job. When you signed the NDA you promised not to disclose certain types of information about the company. So it shouldn't matter where you go to work after that, as long as you don't disclose this information.
Take a non-competitive job or role outside your current employer's specialty. Prove your employer breached the contract to invalidate the non-compete clause. Argue that the non-compete is overly restrictive or not enforceable. Negotiate or prove no legitimate business interests exist to uphold the agreement.