Texas Employment Non-competition Package
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FAQ
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
FTC's Non-Compete Ban Reportedly Delayed Until 2024: Your 7-Step Guide While Waiting. A recent report from Bloomberg Law indicated that the Federal Trade Commission's vote to formally ban non-compete agreements in most employment agreements won't take place until April 2024.
There is no rule in Texas stating that if an employee is terminated, rather than quits, a noncompete agreement that he signed goes away. The reason for this is simple: the consideration for the noncompete isn't mere employment.
The non-disclosure agreement legally prevents an individual from disclosing vital information obtained while in the employment of the company, thereby deterring other companies from hiring them solely for that benefit.
There is no specific time period during which a non-compete agreement is valid in Texas. The duration of a non-compete agreement in Texas must be reasonable, meaning that it must be no longer than necessary to protect the legitimate business interests of the employer.
Prove there is no legitimate interest to enforce the non-compete agreement. Unless you were privy to trade secrets, confidential information, specialized training, or some other proprietary material, there is no reason to include a non-compete agreement as a condition of employment.
Here is what you should do: Consult with a lawyer experienced in non-compete agreements. If it appears to be a misunderstanding, consider reaching out to your former employer to clarify. In most cases, have your lawyer craft a written response to the cease and desist letter.
