Non-Compete Agreements in Texas: What You Need to Know

Texas General Prohibition on Non-Compete Agreements

1. Employee Protections Under Section 16600:
   Texas Business and Professions Code Section 16600 declares that, with few exceptions, any contract that restrains an individual from engaging in a lawful profession, trade, or business is void. This statute strongly favors employee mobility and open competition.
2. Invalidation of Broad Restrictions:
   Non-compete clauses that broadly restrict an individual’s ability to work within a certain industry or geographic area are generally unenforceable in Texas, even if the employee agrees to the terms.

Exceptions to the General Rule

1. Sale of a Business:
   When an individual sells the goodwill of a business, the buyer may include a non-compete clause to protect the acquired business’s interests. This clause can prevent the seller from competing in a way that diminishes the value of the business.
2. Dissolution of Partnerships or LLCs:
   In cases involving the dissolution of a partnership or a limited liability company, specific non-compete provisions may be enforceable under limited circumstances.
3. Trade Secrets Protection:
   Employers may still enforce restrictions related to the use or disclosure of trade secrets, provided these are narrowly tailored and comply with Texas law.

Potential Risks for Employers Using Non-Compete Clauses

1. Penalties for Violations:
   Employers attempting to enforce non-compete agreements in violation of Texas law may face lawsuits and potential liability for damages.
2. Employee Backlash:
   Attempts to impose or enforce non-compete clauses can damage an employer’s reputation and make it harder to retain talent.
3. Legal Challenges:
   Employees often challenge non-compete clauses in court, and Texas courts consistently side with employee freedom to work.

Alternatives to Non-Compete Agreements

For employers looking to protect their business interests without violating Texas strict laws, the following options may be more effective:

1. Confidentiality Agreements:
   Clearly outline the types of confidential information employees are prohibited from disclosing.
2. Non-Solicitation Clauses:
   Restrict employees from soliciting clients, customers, or other employees for a certain period after leaving the company.
3. Proper Onboarding and Exit Processes:
   Emphasize confidentiality obligations during onboarding and conduct thorough exit interviews to remind employees of their responsibilities.

How Wade Litigation Can Assist

Wade Litigation offers guidance to employers and employees navigating the legal landscape of non-compete clauses and related employment agreements. With expertise in Texas employment laws, we help clients safeguard their rights and interests effectively.

By adhering to Texas strict rules on non-compete agreements and exploring lawful alternatives, both employers and employees can avoid disputes and maintain productive professional relationships.