Today the Texas Supreme Court again made non-compete agreements easier to enforce in the state of Texas. In Marsh USA v. Cook, the Texas Supreme Court ruled that a stock option agreement could serve as the basis for a […]
In a recent article about employee poaching Mark Hendricks profiled the common practice of poaching a competitor’s talent. In the article he noted: Employers like to hire people who are employed, not unemployed; Reaching potential hires through social networking tools like LinkedIn has made […]
Another strategy employers use to prevent employees from walking away with customers, proprietary information, and trade secrets, is the use of a “garden leave” provision in the employment agreement. Basically, the provision works like this: the employee agrees that […]
This is the second edition of the world of non-competes. As usual, a number of new industries appear to be using non-competes: Roofers Lauren Ellerman has an interesting discussion on her blog about roofers and whether non-competes in the roofing industry […]
#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 […]
We’ve written about non-competes involving firework choreographers, dog groomers, dance instructors, recruiters, executives, and salespeople. The point is they run the gamut. Periodically we will cover some of the more interesting cases out there. Here’s what’s happening: The Florida Tatoo Artist […]
#2: Non-Compete Agreements Are Unenforceable in Texas. Texas courts have been enforcing non-compete agreements for many years and they are specifically authorized by Texas law – Texas Business and Commerce Code Section 15.50. The highlights from that statute: […]
#1: Employers can’t enforce non-competes when they terminated the employee. Wrong – Assuming the non-compete satisfies Texas law, it can survive termination or resignation. Most agreements will spell this out in the agreement, some do not. (Now of […]
Texas businesses routinely use non-compete agreements to protect proprietary information in a variety of industries and occupations. Assuming an employee has executed an enforceable non-compete agreement, what else should Texas employers be doing to enforce these agreements? To begin […]
Illinois lawyer Ken Vanko does a great job on his blog, "Legal Developments in Non-Competition Agreements". His latest entry addresses the reasons a job candidate should negotiate or at least attempt to negotiate their proposed non-compete. A few of the […]
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