Texas Law Non-Solicitation Agreements

Texas is interesting in that it believes in free trade (the Texas Covenant Not to Compete Act literally prohibits competition bans), but it also believes in the case (so the law offers a huge safe haven for such a deal). While enforcement of non-compete rules remains strong across the country, courts are taking a closer look at whether a worker will face “unreasonable hardship” if their non-compete clause is enforced. Therefore, employers should avoid taking inappropriate positions in court and be prepared to explain why the application of a particular competition permit agreement does not prevent a worker from earning a living. . . .