Texas Non-Compete Agreement Enforceability

Texas Non-Compete Agreement Enforceability: What You Need to Know

Non-compete agreements are becoming increasingly common in today`s business world, as employers seek to protect their interests and confidential information. However, enforcement of these agreements can vary from state to state, and even within different industries in the same state.

In Texas, non-compete agreements are generally enforceable if they meet certain requirements. However, these agreements must balance the interests of both the employer and employee, and must not unduly restrict an employee`s ability to work in their chosen profession.

What is a Non-Compete Agreement?

A non-compete agreement, also known as a non-compete clause or covenant not to compete, is a legal contract between an employer and employee that restricts the employee`s ability to work for a competing company or start a competing business for a certain period of time after leaving their current position.

These agreements can be particularly important in industries where confidential information or trade secrets are a key part of the business, such as technology, finance, or healthcare.

Texas Non-Compete Agreement Requirements

Under Texas law, for a non-compete agreement to be enforceable, it must meet certain requirements:

1. The agreement must be supported by consideration, such as a job offer or a promotion.

2. The agreement must be ancillary to an otherwise enforceable agreement, such as an employment contract or sale of a business.

3. The agreement must be reasonable in scope, duration, and geographic area.

4. The agreement must not be against public policy.

One of the most important requirements for a non-compete agreement in Texas is that it must be reasonable in scope, duration, and geographic area. This means that the restrictions placed on the employee must not be overly broad or unreasonable, and must be necessary to protect the employer`s legitimate interests.

Enforcement of Non-Compete Agreements in Texas

While non-compete agreements are generally enforceable in Texas, their enforcement can vary depending on the industry and specific circumstances.

For example, non-compete agreements may be more difficult to enforce in industries where competition is intense and there is a high demand for skilled workers. In addition, the courts may be more likely to strike down non-compete agreements that are overly restrictive or that prevent an employee from obtaining gainful employment.

It is also important to note that Texas courts will not rewrite non-compete agreements to make them enforceable. If a court determines that a non-compete agreement is too restrictive or unreasonable, it may strike down the entire agreement rather than modifying it to make it enforceable.


Non-compete agreements can be an important tool for employers to protect their legitimate interests and confidential information. However, in order to be enforceable in Texas, these agreements must meet certain requirements and balance the interests of both the employer and employee.

If you are an employer or employee in Texas, it is important to understand your rights and obligations in regards to non-compete agreements. An experienced attorney can help you navigate the complex legal landscape surrounding these agreements and ensure that your interests are protected.

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