#3: The Judge Can’t Amend the Non-Compete.
Employers and employees always need to keep in the back of their mind that even if a non-compete is overly broad in terms of scope or duration a Texas court can amend the agreement to make it enforceable. Texas is a "blue-line state" meaning a court can amend the non-compete if necessary. Put another way it can make the non-compete fair and reasonable.
So, even if the agreement is over the top, too broad or too long, the court can fix it. In some states an overly broad non-compete can render the agreement unenforceable and there is no recourse for the employer. Employers should always consider asking the court to amend the non-compete if there is the chance it is unenforceable.