Are non-competes valid in the State of Texas since we are an at-will state?

Posted  12-12-2012

Ann Kiernan replies:

At-will employment has nothing to do with non-compete agreements, which come into effect only after the employment relationship has been terminated. Non-competition agreements, also known as restrictive covenants, are enforceable in most states, including Texas, which has a Covenants Not to Compete Act. Under the Act, a covenant not to compete may be enforceable if it is reasonable in time, geographic coverage, and scope of the activity to be restrained. For instance, the contract should not vaguely bar all competitive activity or prohibit activity unrelated to the work the employee preformed for the former employer, or purport to have nation-wide applicability when the employee did not have nation-wide responsibilities.

For more information about your particular situation, you should consult a local employment lawyer. If you do not know one, you could contact your county bar association, or check the Texas listings of the National Employment Lawyers Association. Good luck.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.