What Is A Covenant Not To Compete In Texas?
In Texas, a covenant not to compete generally requires that, upon leaving the company, an employee agrees not to be employed by their employer's competitors. A covenant not to compete may also be called a "non-compete clause". An employee who signs them either does so as a condition to employment or they may receive compensation for the agreement.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. Even though the interests of an employer are important, Texas courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Covenants not to compete that a court will categorize as unreasonable include provisions that last for a long duration or that restrict the employee to an unreasonable geographic area around El Paso.
Covenants must also be limited to restricting dealings with those competitors that are rationally related to the employer?s industry. Finally, an employer is required to have a valid business reason in its motivation for imposing a covenant not to compete on an employee.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Before you sign any documents that could restrict your rights, you may consider hiring a El Paso, Texas attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. Attorneys can provide valuable counseling to employers who are considering suing an employer who breached a covenant not to compete. They can also assist employees who have signed an agreement limiting their employment options.
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Life in El Paso
El Paso, Texas is a large city in (and the county seat of) El Paso County, in the far western tip of Texas. It is the 5th-largest city in Texas, and the 22nd largest city in the United States, with a population of over 620,000. El Paso is right over the U.S. border from Juarez, Mexico.The two cities are directly adjacent, and a great deal of cultural and economic exchange occurs between the two. For this reason, they are typically treated as part of the same metropolitan area (referred to as El Paso-Juarez). With a population of over 2.3 million people, El Paso-Juarez is one of the largest international metro areas in the world.
El Paso is an important entry point into the U.S., and Juarez serves the same role in Mexico. There is a significant amount of trade between the two cities, which accounts for a significant amount of the economic activity in both cities.
Additionally, Fort Bliss, a U.S. Army base which serves as home to the Air Defense Artillery Branch, is a major contributor to El Paso's economy.
Given its size and economic diversity, El Paso, Texas attorneys have plenty of work to keep busy, which ensures that they are constantly challenged, forcing them to become proficient in as many areas of law as possible. Accordingly, it's nearly certain that there's at least one El Paso, Texas lawyer who can help you with your legal issues.
