Skill, Experience & the Will to Win
Non-Compete Lawyer in McAllen
An Assertive and Resourceful Negotiator Representing Individuals and Corporations
Non-competition agreements are some of the most nuanced legal contracts to navigate in Texas. A common question clients might ask is how enforceable such an agreement is, and it really depends on the situation. However, the Omar Ochoa Law Firm is highly experienced when it comes to business contracts, so you can trust that we will join our resources and experience in business litigation with our skill and knowledge in contract law. Our clients are our top priority, and we will fight assertively to protect your rights in the context of your non-compete agreement.
What Is a Non-Competition Agreement?
A non-compete agreement is a legal clause or contract that prohibits an employee from entering into competition with the employer after the employment period concludes. Such an agreement also prohibits the employee from revealing proprietary information about the employer to any other parties both during and after employment. Most contracts will specify how long this non-compete clause will last after their employment ends.
Common industries that employ non-compete agreements include media, information technology, finance, manufacturing, and the corporate sector.
According to Texas law, a non-compete agreement is enforceable only if it:
- is ancillary to or part of an otherwise enforceable agreement;
- contains reasonable limitations as to time, geographical area, and scope of activity;
- can be shown by the employer how non-enforcement would harm it and that enforcement would not place an unreasonable burden on a person's right to practice a profession or trade or otherwise make a living.
Note that the Texas Supreme Court upholds that an "otherwise enforceable agreement" can include an executory promise made in conjunction with an at-will employment agreement if the employer actually performs the promise made at the time that it secured the non-competition agreement. Such a promise might be that it will give certain training or allow access to certain proprietary information.
Non-compete laws are complex matters, as Texas seeks to facilitate a fair market of competition but also recognizes the freedom to contract. As a result, each non-compete case will really depend on the situation, the terms of the contract itself, and the consequences of enforcement.
If you have questions about your non-compete agreement, contact our law firm for legal guidance. We are highly experienced in the area of business litigation and contract law, so we can provide a sound analysis of your situation to better plan your next steps. From individual employees to large corporations, we represent a range of clients and will fight assertively for your side as your personal advocate.
“From the start, the law firm was extremely helpful. We had a wonderful experience working with the Omar Ochoa Law Firm.” - Abel C.
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