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". Compensation may be paid for employees who sign the covenant, or at times the employment may be conditioned upon such an agreement.
When are Covenants not to Compete Unenforceable?
Whether a given judge will enforce a non-compete agreement is difficult to know in advance. Although the interests of employers are important, courts in Texas also give priority to an employee's freedom to choose the type of employment that they desire. As a result, courts usually uphold only those covenants that are consider to be reasonable according to the circumstances. 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 Plano.
Covenants must also be limited to restricting dealings with those competitors that are rationally related to the employer?s 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 Plano, 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. Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.
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Life in Plano
Plano is a Collin County city that ranks 9th most populous in the State of Texas. Most folks who aren't from Plano still know about the annual Plano Balloon Festival or that it's consistently ranked in the top communities in the United States by Forbes Magazine and CNN Money Magazine. Much of those outstanding rankings have to do with the famous corporations headquartered in Plano. Cinemark Theatres, Dr. Pepper-Snapple Group, J.C. Penny, Pizza Hut, Dell's Computer Services, Frito Lay, Rent-A-Center, and Alliance Data are all located in Plano. The popular social phenomenon Facebook operates a number of servers in their Plano facility, too. The government facilities, as you would assume with such a massive and important community, are quite extensive.Plano was ranked as "The Safest City in America" by Forbes Magazine in 2010 making it even more attractive to tourists and locals. A number of celebrities live in Plano including cyclist Lance Armstrong, professional golfers Fred Couples and Hunter Mahan, actors like Chance Crawford and Kevin McHale who plays "Artie" on primetime hit-series Glee.
A branch of Southern Methodist University (SMU) is located in Plano and enrolls 3,000 graduate students who major in business, education, and technical work like engineering. Plano is home to outstanding schools and companies making it a very desirable community in the United States. Unsurprisingly, there's also an outstanding cast of new and seasoned lawyers who are familiar with local Collin County and Texas State Courts.
