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The Reasonableness Of A Noncompete Agreement

There is a common misperception that Texas does not enforce noncompete agreements. The courts across our state will enforce a noncompete as long as it complies with the statute. How do you negotiate a noncompete agreement that will hold up and protect your business interests? Speak with a skilled attorney who routinely handles these issues.

The Dallas lawyers of Cortez Law Firm, PLLC, provide counsel to businesses on negotiating and drafting enforceable noncompetes. We also provide representation when enforcement is required and noncompete litigation becomes necessary.

Scope, Duration And Geography

Each situation is different, but generally the court looks at three things when determining if a noncompete clause is reasonable and thus enforceable. They are:

  • Scope — Is the provision limited to the same work the employee performed? Enforceability can be jeopardized by using language that is too broad.
  • Duration — How long does the provision last? It's probably not reasonable to try to negotiate 10 years, but three is probably perfectly reasonable.
  • Geography — Where is he or she prohibited from directly competing? If a sales rep worked one territory in one region of Dallas, all of Texas may be overly broad.

The analysis of what Texas law allows is fact-specific and will vary on a case-by-case basis. Our experienced team of attorneys includes a former Texas district court judge. This adds to our depth and breadth of legal knowledge and our ability to view a case from both sides.

Schedule An Initial Consultation

When a key employee leaves and violates the terms of a noncompete, how can you enforce the terms of an employment agreement? It will cost you nothing to find out and discuss your situation with one of the attorneys at Cortez Law Firm, PLLC.

Call us in Dallas at 214-380-4030 or send us a message online to set up an initial consultation. For the convenience of our diverse business clients, we speak Spanish, Hindi, Gujarati and Punjabi and accept payments via credit card.