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 if the employee's interests may be important, Texas courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. Those provisions that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Garland that are unreasonably large.
Covenants not to compete are also required to deal only with competitors who are rationally related to the employer's line of industry. Lastly, the employer needs to have an acceptable business interest which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
A Garland, Texas lawyer can help you review the covenant before you sign any documents that might limit your rights. The lawyer can assist you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. An attorney can also give valuable advice when it comes to suing employees for breaching covenants, or counseling employees who have signed one about whether they can accept a different job.
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Life in Garland
Garland is located northeast of Dallas, Texas. It is located in Dallas County, with some areas in Collin County. Per the 2010 census, it has a population of 226,876 people.Interestingly, CNN and Money Magazine included Garland in its "Top 100 Places to Live" list, ranking it sixty-seven.
Top employers include Sears, Atlas Copco, Raytheon Intelligence and Information Systems, Danaher, General Dynamics, Kraft Foods, L-3 Communications and US Foodservice. The legal industry also has a potent presence because many well-experienced attorneys call Garland home. Thus, businesses and residents need not travel far to receive excellent legal services.
Some great sites to check out is the Historic Downtown Garland, Patty Granville Arts Center, The Plaza Theater, Pace House and The Garland Opry.
