Home Blog Non-Compete Agreement in Texas

Non-Compete Agreement in Texas

This page explains non-compete agreements in Texas, how they work, and how a lawyer from ContractsCounsel can help you find one.

Jump to Section

Quick Facts — Noncompete Agreement Lawyers (Texas)

A non-compete agreement in Texas, also known as a marking agreement, provides that an employee will not join any rival company upon termination of employment. This protects the employer and trade secrets upon termination, even outside of the employee, thus having a long-term impact. It protects the employer's position in the market and ensures that the trade secrets of the businesses are not exposed to rivals. Employees may be forbidden from joining a competitor, even if the job does not necessitate disclosing trade secrets. Contractual provisions may cover the post-employment location, the employee's market of operation, and covenant non-compete obligations.

Benefits and Drawbacks of Non-Compete Agreements in Texas

Non-compete agreements in Texas come with certain benefits and drawbacks. People engaging in such contracts must be aware of these.

Pros

  • Safeguarding Trade Secrets: By signing these contracts, companies can prevent their employees from defecting to a rival company and disclosing confidential information. The agreements should be equitable for the employer issuing them as well as the employee signing them.
  • Encouraging Innovation: Non-compete clauses can prevent the dissemination of concepts and information, which motivates rival companies to stay competitive. Therefore, the comparative spirit encourages innovation and boosts the enthusiasm to stay the best among all other competitors.
  • Using It for Employee Matchmaking: A non-compete agreement may match employers with employees who plan to stay in a job or be trusted with valuable information.
  • Reducing Staff Turnover: Since non-compete agreements typically limit alternative employment opportunities, they can help minimize employee turnover.

Cons

  • Lowering Bargaining Power: A non-compete agreement in Texas diminishes employee bargaining power. This further prevents the employees from pursuing other employment opportunities or negotiating for more pay or benefits.
  • Imposing Geographical Restrictions: A non-compete agreement in Texas prevents an employee from walking in a particular location. This limitation reduces an employee's ability to work in that particular location, which hinders finding good job opportunities.
  • Creating Difficulty in Finding Job Opportunities: A non-compete agreement in Texas may impose certain restrictions on the employees, making it difficult to find new job opportunities, mainly in highly specialized industries. This also prevents them from advancing in their career, as they cannot work with competitors in their fields. The non-compete agreement hinders their professional growth by limiting exposure to new ideas and skills.
  • Enhancing Social Benefits: Non-competes typically do not offer many social benefits to employees; instead, they primarily help the company.

Duties of a Lawyer for a Non-Compete Agreement in Texas

A lawyer for non-compete agreements in Texas plays a vital role in business law, specifically in guiding companies and individuals through the complexities of preparing, revising, dissolving, or retaining arrangements. Listed below are the different vital duties and responsibilities of a non-compete agreement attorney:

  • Drafting a Non-Compete Agreement: An experienced and reputable attorney who specializes in non-compete agreements in Texas performs efficiently in drafting non-compete agreements covering critical facets of the agreement. They personalize non-compete agreements to mirror the business's particular characteristics. It guarantees that the agreement incorporates all relevant legal requirements and regulations.
  • Reviewing Non-Compete Agreement: Expert non-compete agreement attorneys analyze existing non-compete agreements to identify sections requiring revision or adjustment to reflect business or legal provisions changes. Moreover, they examine the wording used in non-compete agreements to ensure transparency, precision, and enforceability.
  • Resolving Disputes: Lawyers are specialists in dispute resolution mechanisms such as arbitration or mediation. Also, these expert attorneys represent clients in legal proceedings related to breaches of the non-compete agreement or other disputes that may arise. They support parties in effecting necessary modifications or revisions to the non-compete agreement as situations evolve. Consequently, any changes would be guaranteed to be lawful and to reflect the original intentions of the parties.
  • Assisting in Negotiation: A non-compete agreement lawyer enters into negotiations on behalf of the company and provides legal and compliance guidance. Ensuring the parties receive the best offer is another lawyer's responsibility.
  • Conducting Due Diligence : Investigate particular sections of the contract to find potential legal problems or concerns. Due diligence ensures that unwanted legal implications are not hindering the lives of the clients.
  • Promptly Handling Legal Matters: Attorneys help parties avoid unnecessary expenses and save time by handling legal matters and disputes promptly and efficiently. They also help negotiate and draft contract amendments when changes to the original terms are necessary.
  • Facilitating Mutual Partnership: A well-structured agreement can positively affect relationships, fostering a mutually beneficial partnership. They provide clear guidance to clients on their rights and responsibilities throughout the non-compete agreement tenure, enabling informed decision-making.

The lawyer for non-compete agreements in Texas has a vital role to play. From drafting the agreement to representing the client in court or outside court settlements, the lawyer ensures that the client's interests are addressed in the best way possible. Therefore, when choosing an attorney for non-compete agreements in Texas, select an attorney with whom you have complete faith.

Meet some lawyers on our platform

Lori B.

303 projects on CC
CC verified
View Profile

Gill D.

95 projects on CC
CC verified
View Profile

Alexander M.

9 projects on CC
CC verified
View Profile

Allen L.

383 projects on CC
CC verified
View Profile

Key Terms for a Non-Compete Agreement in Texas

  • Governing Law : An agreement must clarify which state government will set the terms of this kind of contract because each state has its laws.
  • Non-solicitation Clause : A worker may be restricted from engaging with competitors or soliciting employees of the client's company during the term of a non-compete agreement in Texas by non-compete or non-solicitation clauses.
  • Termination Terms: It includes a deadline for ending a contract as well as the repercussions of doing so. It also defines what kinds of contract violations are terminable, like confidentiality breaches.
  • Quid Pro Quo : This Latin term means “something for something”. A basic rule of contract law is that a party to a contract or an agreement must offer something to the other party.
  • Blue Pencil Doctrine: This is a power given to the court to modify or declare any part of the agreement incompetent if it is not reasonable.
  • Bona Fide : Bona fide refers to the honest intention of the parties. It is a basic rule that the parties must enter into a contract with a bona fide in tension to create a legal agreement.
  • Cure Period: In case of a default, the defaulting party has a specified period for correcting the contingency before the other party is allowed to exercise his remedies for the damages incurred.

Final Thoughts on a Non-Compete Agreement in Texas

A non-compete agreement enforces certain employee restrictions to protect the employer and the business from being affected by competitors. While framing the agreement or introducing the clause in an agreement, the employer must ensure that everything is following the laws and is entirely reasonable. A non-compete agreement in Texas helps a company maintain trade secrets and other valuable information, giving it a competitive edge over its rivals. A non-compete agreement attorney is a client's greatest ally, providing a tactical buffer against future legal issues. These legal experts offer clients a lifeline by working with authorities and utilizing skillful negotiation techniques, specialized legal strategies, and comprehensive risk assessments. They have the expertise to confidently guide clients through the complicated world of non-compete clauses, maximizing advantages and minimizing risks while protecting their rights and interests.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,878 reviews

Meet some of our Lawyers

Joshua B. on ContractsCounsel
View Joshua
5.0 (11)
Member Since:
September 19, 2023

Joshua B.

Founder
Free Consultation
Austin, Texas
24 Yrs Experience
Licensed in TX NY
University of Texas

Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.

Recent  ContractsCounsel Client  Review:
5.0

"Josh has been extremely helpful sorting through issues with a tenant."

Namrita N. on ContractsCounsel
View Namrita
4.9 (12)
Member Since:
August 18, 2021

Namrita N.

Attorney at Law
Free Consultation
Plano, TX
6 Yrs Experience
Licensed in TX MN
Mitchell Hamline School of Law

Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.

Recent  ContractsCounsel Client  Review:
5.0

"Dr Notani is a top lawyer. We very much appreciate her attentiveness and expertise."

Don G. on ContractsCounsel
View Don
4.9 (21)
Member Since:
March 1, 2021

Don G.

Attorney at law
Free Consultation
Oklahoma City, OK
25 Yrs Experience
Licensed in TX
Texas Tech School of Law

Texas licensed attorney specializing for 22 years in Business and Contract law with a focus on construction law and business operations. My services include General Business Law Advisement; Contract Review and Drafting; Legal Research and Writing; Business Formation; Articles or Instructive Writing; and more. I am able to draft and review contracts, and have experience with, contract law and business formation in any state. For more insight into my skills and experience, please feel free to visit my LinkedIn profile or contact me with any questions.

Recent  ContractsCounsel Client  Review:
5.0

"Don is very responsive, knowledgeable, efficient and professional."

Mark D. on ContractsCounsel
View Mark
5.0 (4)
Member Since:
March 15, 2022

Mark D.

Attorney
Free Consultation
Dallas/Houston Texas
31 Yrs Experience
Licensed in TX CO
Thomas M Cooley Law School

Partnering with business clients to keep their greatest asset - their employees - from becoming their biggest liability. Mark accomplishes this by working with in-house counsel and human resource professionals of several Fortune 50 companies, as well as many smaller public and privately held profit and not for profit organizations, to provide advice and counsel on the day to day employment and workforce practice issues encountered by those organizations. For over fifteen years Mark has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is licensed and practices in both Texas and Colorado and has focused his practice for the last 20 plus years on defending companies in employment and labor related matters. During this time Mark has had extensive experience in handling and responding to a wide range of local, state and federal employment issues that impact the management and operations of businesses in a wide range of industries. Mark's experience includes appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions and appearances before courts of appeal. While Mark regularly handles matters in litigation, he has a high regard for handling every issue with the best interest of the client’s business. Mark is a published author and regular speaks on labor, employment and workplace practice topics. Whether it be an investigation by the Occupational Safety and Health Administration (OSHA), the Wage & Hour division of the U.S. Department of Labor, or other state agency; an Equal Employment Opportunity Commission (EEOC) or state agency charge claiming a violation of local, state or federal employment or labor laws; or the need for direction on a hiring, termination or business operational issue involving employees, Mark has extensive experience in handling these and many other employment and labor issues.

Recent  ContractsCounsel Client  Review:
5.0

"opened by mistake. but i have kept all your contact info and will be in touch for anything we need in the future!"

Scott S. on ContractsCounsel
View Scott
5.0 (67)
Member Since:
October 27, 2021

Scott S.

Attorney
Free Consultation
New York, NY
19 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

I specialize in business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, commercial real estate, data security and compliance. Specifically, I've drafted, reviewed and/or negotiated thousands of MSA's, NDA's, TOS', SAAS, sales, service, managed services, referral, reseller, royalty, finder’s fee, employment, contractor, consulting, advertising, marketing, manufacturing, distribution, management, artist, author, agency, photography, rental, lease, vendor, partnership, website, platform, application, privacy, non-compete, non-circumvent, confidentiality, IP ownership and licensing agreements so I'm very familiar with these types of documents. Practicing law since 2006, I worked in-house before starting my own solo practitioner law firm in 2011. I've worked with individuals and start-ups, Fortune 500 companies, and every type of entity in between, always providing quality legal work that fits the exact needs of the person and/or business. I’m a graduate of the Benjamin Cardozo Law School and also have an English degree from Penn.

Recent  ContractsCounsel Client  Review:
5.0

"I appreciated the responsiveness and the experience that Scott brought to the table. I will definitely be reaching out to him in the future!"

Ivan B. on ContractsCounsel
View Ivan
4.9 (25)
Member Since:
August 10, 2023

Ivan B.

Associate
Free Consultation
Houston, Texas
9 Yrs Experience
Licensed in TX
The University of Texas School of Law

I grew up in Beaumont, Texas. I attended Baylor University for college and the The University of Texas School of Law for law school. I gained extensive experience in many areas of transactional law through my former position as corporate counsel at National Western Life Insurance Company and my current position as an Associate at Nance & Simpson, LLP.

Recent  ContractsCounsel Client  Review:
5.0

"This is the type of attorney you want in your corner - 10 out of 10."

Antonella C. on ContractsCounsel
View Antonella
4.7 (1)
Member Since:
August 12, 2023

Antonella C.

Owner/Managing Partner
Free Consultation
Pennsylvania
17 Yrs Experience
Licensed in NJ, PA
Rutgers University School of Law - Camden

I am a business transactional & trademark attorney with 15 years experience in the law firm and in-house settings. I am barred in Pennsylvania and New Jersey. I currently own my own practice serving businesses and entrepreneurs with business transactional and IP law.

Matthew G. on ContractsCounsel
View Matthew
Member Since:
August 10, 2023

Matthew G.

Attorney
Free Consultation
San Diego, California
4 Yrs Experience
Licensed in CA
University of California, Berkeley School of Law

I am a Berkeley Law 2020 graduate. I have experience working in finance and operations, plaintiff and defense litigation, and have been involved in multiple start-ups.

Jeanilou M. on ContractsCounsel
View Jeanilou
Member Since:
August 10, 2023

Jeanilou M.

Small Business Lawyer
Free Consultation
Honolulu, Hawaii
16 Yrs Experience
Licensed in CA, HI
Concord Law School

Jeanilou G.T. Maschhoff has over 20 years of comprehensive business operations, finance, and development experience in addition to being a licensed attorney in California and Hawaii. She zealously works as a Trusted Advisor, Business/Brand Consultant, and Advocate for small businesses, non-profit organizations, and personal brands. She is dedicated to helping female business owners and professionals in the entertainment, beauty, fashion, and wellness industries make their goals a reality. She uses her diversified expertise to provide a holistic approach to addressing business and legal needs. Acting as a trusted advisor and outsourced general counsel, she assists on an array of business and personal matters. Passionate about social justice and assisting underrepresented populations, Jeanilou started her legal career working in the non-profit sector working towards access to justice and gender equity. She continues to assist non-profit organizations in many capacities and actively looks to partner businesses with charitable causes, creating a synergistic effect that benefits not only the organizations involved but our society as a whole. As an early adopter of the virtual practice of law, Jeanilou has been assisting law firms and solo practitioners adjust to the remote delivery of legal services and helping businesses explore Web 3.0.

Kim A. on ContractsCounsel
View Kim
Member Since:
March 5, 2024
Jacob W. on ContractsCounsel
View Jacob
Member Since:
August 14, 2023

Jacob W.

Real Estate Attorney
Free Consultation
Charlottesville, VA
8 Yrs Experience
Licensed in VA
University of Oregon

Background in Engineering, Masters in Business, Licensed Patent Attorney. Reviewed countless title reports, and land contracts. If you have a problem with Real Estate I can solve it.

Find the best lawyer for your project

Browse Lawyers Now

See Real Non-Compete Agreement Projects

Texas Employment contract and non complete review Review
  • Texas
  • 5 lawyer bids
  • $350 - $775
View Details
Texas I'd like help creating a non-compete clause for my small business Drafting
  • Texas
  • 11 lawyer bids
  • $325 - $999
View Details
Texas Want to explore the enforceability of a signed non-compete as I explore other contract employment Review
  • Texas
  • 10 lawyer bids
  • $240 - $1,000
View Details
Texas Noncompete Texas Law from Current and Prospective Employer Review
  • Texas
  • 2 lawyer bids
  • $400 - $999
View Details
Texas Real Estate Development - Non Compete / Non Solicitation Drafting
  • Texas
  • 8 lawyer bids
  • $499 - $3,000
View Details
Texas Non-compete settlement agreement Review
  • Texas
  • 10 lawyer bids
  • $300 - $999
View Details

See all Non-Compete Agreement projects in Texas

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,878 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,878 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city