Covenants Not To Compete, Noncompete Agreements, And Non-Solicitation Agreements

Attorneys JB Schwartz and Liz Branning represent employers in enforcing noncompetes and non-solicitation agreements. They also represent employees in determining whether these same agreements are enforceable and defending these employees when they are sued by their employers.

Oftentimes, an employer will use a noncompete and non-solicitation agreement that simply is not enforceable under Texas law – JB and Liz know how to handle such issues, whether they are representing the employee or the employer.

JB and Liz can help you with:

• Obtaining and defending against temporary restraining orders and injunctions
• Defending your rights as an employer if a former employee is violating your noncompete and non-solicitation agreement
• Defending your rights if you have been sued by a former employer for violating a noncompete and non-solicitation agreement
• Helping employers to draft enforceable noncompete and non-solicitation agreements

We draft agreements that protect our clients from unfair business practices across all types of industries.

What Makes A Noncompete Enforceable In Texas

Noncompete agreements become enforceable when they meet these specific criteria:

• Ancillary to an existing valid agreement: The noncompete supplements a valid underlying contract, such as an employment contract and confidentiality agreement.
• Reasonable scope of limitations: The document should explicitly mention restrictions on time, geography and scope of activity.

If the agreement contains unreasonable restrictions, the courts must reform or rewrite the contract. However, enforcing a reformed agreement bars employers from recovering monetary damages incurred before the court’s intervention.

Avoiding mistakes during drafting is ideal to avoid potential problems in the future. Working with noncompete attorneys in Dallas like JB and Liz can help you spot and fix issues.

What Happens Next When A Noncompete Violation Occurs In Dallas

When an employee works for a direct competitor within the restricted time or misuses trade secrets, they have violated the noncompete agreement. Prompt action is a must to avoid undermining claims of irreparable harm. Responding swiftly shows the courts that emergency relief is necessary to stop commercial damages from compounding.

Filing for a temporary restraining order (TRO) is the first step, which is an immediate, short-term court order that halts the employee from performing prohibited activities. If you transition into a temporary injunction, employers can gain protection while the lawsuit is pending. Beyond injunctive remedies, they can recover financial damages and attorneys’ fees only if the original noncompete had written reasonable restrictions.

If your previous employee violates the noncompete agreement, contact JB Schwartz PLLC immediately to move towards emergency relief.

Frequently Asked Questions About Noncompete Agreements In Texas

We answer common queries clients ask about enforcing noncompete agreements in Texas.

Are noncompete agreements enforceable in Texas?

Yes, a noncompete agreement becomes enforceable when it meets the requirements outlined in the Texas Covenants Not to Compete Act. The agreement should be ancillary to an enforceable agreement and must contain reasonable limits on time, geography and scope of restricted activities.

What should a Dallas business do when a former employee violates a noncompete?

Dallas business owners should act promptly to prevent harmful damage. Obtain legal guidance from a noncompete lawyer in Dallas, Texas, on securing evidence of the violation and whether emergency court relief is necessary.

Contact Us To Discuss Noncompete Or Non-Solicitation Agreements With An Experienced Business Attorney

For legal counsel concerning covenants not to compete, noncompete agreements, non-solicitation agreements or business disputes generally, contact our law firm online or by telephone at 214-347-8568 to set up an initial consultation.