The answer to the question of whether a certain Texas non-compete clause is applicable is therefore as follows. What an employee bound by a non-compete clause really wants to know is: what happens to me if I violate a non-compete clause in Texas? While this article aims to help employees and their lawyers combat excessively restrictive competition bans, it should also serve as a warning to employers about developing and defending their competition bans. Despite the fact that we have discussed each factor separately, they are not or do not fall for themselves. On the contrary, the courts examine the relationship between the factors in order to determine whether the non-competition clause as a whole is narrowly adapted or whether it weighs excessively on a worker`s viability. In addition to the security offered by such legal action, the request for a stay of finding has the added advantage of minimizing the legal costs and potential damages of the worker. On the first point, agreements that undoubtedly go too far can be settled by a brief consultation. As regards the latter point, workers who bring an action for a declaration are probably not yet in fact in violating their prohibitions on competition and have therefore not been the subject of liability. A non-competition clause is a contract that prevents a worker from cooperating with a competitor of the employer, either by transmitting confidential information to a competing company or by setting up his own company in the same field. Non-compete requirements vary from state to state â€“ some states even prohibit them â€“ so it`s not always easy to find a prefabricated proposal that complies with your local laws. In this situation, it would be difficult for an employer to impose a non-compete clause preventing a former worker from working outside the arkansas borders. As the Arkansas Court of Appeals states: “In determining whether the geographic area is appropriate, the former employer`s business area is considered. If a geographical restriction is greater than the commercial area, the restriction is too broad and the agreement not to compete is inconclusive.Â [ JUMP TO: Click here to answer questions about setting me up to help solve your texas non-compete problem, then click here to read the real customer reviews.] However, some states, such as Oklahoma, totally exclude that you have in the employment contract something that is intended to prevent the employee from going elsewhere and providing his or her professional services. So you need to pay attention to the laws of your state that are related to them.
(3) Decision to discolour competition. Taking into account the training to be provided by the employer to the worker, the worker shall not accept, directly or indirectly, employment for himself or for a third party during the employer`s employment or for a period of two years thereafter, nor will he participate in any activity or activity in direct or indirect competition with the employer. The employee will not recruit a current or potential client of the employer identified during the employment with the employer, nor will he divert or attempt to divert an existing business from the employer. The worker will not engage, neither during the employment of the employer, nor for a period of two years thereafter, neither directly nor indirectly, for the worker or a third party, another person in the service of the employer to terminate his employment relationship to join a company or activity, associate it or employ it in competition with products and / or services sold. marketing or making available by the employer. .