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ARTICLE · 07 OCTOBER 2013

Practical Tips To Enforcement Of Texas Noncompetes

Strasburger & Price, L.L.P.
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While the trend since 2006 has been toward enhanced greater noncompete enforceability -- at least according to the Texas Supreme Court – lower courts still require some convincing.

United StatesEmployment and HR
Kimberly Moore
Kimberly Moore
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While the trend since 2006 has been toward enhanced greater noncompete enforceability -- at least according to the Texas Supreme Court – lower courts still require some convincing. When you review yours, keep the following pragmatic tips in mind.

  • Clearly state the consideration for the agreement. While courts may imply that an employer provided confidential information as consideration for a noncompete, do not give the trial court a reason to deny enforceability based on lack of consideration. Make a specific promise.
  • Be accurate about the consideration provided and make sure it is current. Frequently, the confidential information recited is never provided or worse, it is stale information which is not valuable to seal the deal. Old consideration is not valid. Make sure you include the type of ongoing consideration that employees receive.

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