Houston Non-Compete Agreement Attorney Representing Employers And Employees
A non-compete agreement is a legal tool that employers can use to protect their trade secrets and other business interests. Non-competes typically work by forbidding employees and former employees from either owning or working for a competitor for the specific period of time stated in the contract. In many cases, employees pay little attention to non-compete agreements until the time comes to find a different job. When a potential non-compete violation occurs, employers and employees should seek legal representation.
To set up a meeting regarding your non-compete concerns, please call us in Houston at 713-804-9318 or send us a message using our contact form. Patterson PC represents clients throughout Texas, as well as clients with headquarters in other states.
When Can You Sign A Non-Compete Agreement In Texas?
Non-compete agreements can be signed at any time during the employment process, including:
- At the time of hiring a new employee
- During the course of employment
- At the time of termination, often as a condition of a severance agreement
If you have questions about a non-compete that you signed or asked an employee to sign, Patterson PC can help. We can review the details of the agreement and help determine whether it is enforceable. We also advise and represent clients with regard to non-disclosure agreements and intellectual property litigation.
Are Non-Compete Agreements Upheld By Texas Courts?
Texas courts generally disfavor non-compete agreements. However, the court may uphold a non-compete if it meets certain requirements such as:
- The agreement does not impose greater restrictions on the employee than necessary to protect the business’s interests.
- The agreement contains reasonable restrictions regarding geographical limits, duration and activities.
At Patterson PC, our founding attorney, Pete Patterson, has more than 30 years of experience in matters of business litigation, including non-compete agreements. Whether you are an employer preparing to draft a non-compete, an employee who has been asked to sign a non-compete or an employee wanting to leave your company and wondering how you will be affected by the non-compete you signed, we can help.
See our case results and client testimonials to learn more about the high level of service and representation that we provide.
Can You Negotiate A Non-Compete Agreement Before Signing It?
When it comes to signing an employment contract with a non-compete clause, you have more power than you might think. Often, prospective employees believe that these documents are designed to be take it or leave it, but you can often negotiate the terms. To start, it is helpful to look closely at the geographical area and the length of the restriction.
For instance, if a company wants to bar you from working in the entire state for three years, we may be able to help you narrow that to a specific city for one year. You can also ask to exclude certain clients you already know. Negotiating these details now can prevent a major headache if you decide to change jobs later. At Patterson PC, we can provide the guidance you need to reach a fair deal that protects your future career.
Is A Non-Compete Enforceable If The Employer Breached The Employment Agreement First?
In many cases, an employer must follow their own rules to hold you to yours. If your employer breaks a significant part of your employment contract, they might lose the right to enforce a non-compete clause. Common examples include:
- Failing to pay you your earned salary, bonuses or commissions
- Denying you promised benefits
- Failing to provide promised training or other resources
Texas courts often view employment agreements as mutual sets of promises. When one side fails to uphold its end, the other side may be released from its obligations. However, the employer’s breach must be material, meaning it goes to the heart of the deal. We can review your specific contract to see if your employer’s actions provide you with a defense against enforcement.
Sending Cease-And-Desist Letters
When you suspect a former employee is violating a non-compete, you must act fast. We often recommend starting with a cease-and-desist letter. A letter provides an individual with formal notice and explains exactly how they are violating their non-compete agreement. It also warns them of potential legal action if they do not stop immediately.
A letter is often a cost-effective way to resolve the issue without a judge. It creates a clear paper trail of your efforts to protect your business. If the person ignores the letter, we can then go to court to seek an injunction. An injunction forces the person to stop their competitive activities while the lawsuit proceeds.
Contact Patterson PC Today
To schedule a meeting to discuss your non-compete concerns, please call us in Houston at 713-804-9318 or complete our contact form. Patterson PC represents clients throughout the Houston area and all of Texas.