1. The Devil’s in the
Details
Under Texas law, for a non-compete agreement to be enforceable,
it must meet strict requirements as to timing, geography, and the
type of conduct that it prohibits. While courts have enforced
agreements for between one and two years, your situation could be
subject to a shorter time period. If the geographical scope of the
agreement is too broad or vague, that could render the agreement
unenforceable. Also, the type of conduct prohibited by your
agreement should be tied to the specifics of your business, because
categorical barriers to other employment are often not enforced. If
an employer knowingly instructs an employee to enter an overbroad
non-compete agreement, the employer runs the risk of paying the
employee’s attorneys’ fees.
