Gainesville Non-Compete Agreement Lawyer

Gainesville Non-Compete Agreement Attorney

Non-compete agreements are integral components of many employment contracts in Texas. If you are subject to a non-compete agreement, then you may need to consult with a Gainesville non-compete agreement lawyer. Your employment rights are essential to your ability to earn a livelihood, and you do not want a non-compete agreement to limit your options if you decide to separate from your current employer.

The non-compete agreement attorneys at Alagood Cartwright Burke PC understand the interests of both employers and employees regarding non-compete agreements. We have worked with businesses and workers for years to help them analyze the ambiguous provisions contained in their non-compete agreements. We are ready to help you with any questions about the Texas non-compete agreement laws to which you are bound.

Understanding and Interpreting Non-Compete Agreements

Approximately 11.4 percent of adult workers in the United States currently have non-competes. Thirty-eight percent of workers have been subject to an NCA at some time in their careers. The use of non-competes is part of a broader trend among employers that rely on restrictive covenants in their employment contracts.

Non-compete agreements are ancillary to employment contracts in Texas, and it is possible that any time you sign a contract for employment, it may contain a non-compete clause. A non-compete agreement restricts an employee’s ability to work for businesses that are in competition with their current employer. These agreements must be limited in geographic scope, duration, and the activities the employee cannot perform.

Many employees do not understand the terms and provisions contained in a non-compete agreement. Many of these legal contracts restrict how employees can use trade secrets, confidential information, and employer-conducted research. Employees in fields such as engineering, aeronautics, and information technology often must sign highly detailed non-compete agreements.

All Non-Compete Agreements Are Not Enforceable

Texas law restricts the enforceability of non-compete agreements if their provisions are too restrictive. Some non-compete agreements may contain clauses limiting where an employee can work for decades. The duration of the non-compete must be limited, and any “indefinite” term can be stricken from the non-compete agreement if it is scrutinized and challenged in court.

Non-compete agreements are also governed by general principles of contract law in Texas. Therefore, valuable consideration is a critical component of a non-compete agreement. There must be some bargained-for legal detriment between the parties. Some employers draft their own non-compete agreements without consulting an attorney, and these agreements often contain unenforceable restrictions and provisions.

Hire a Non-Compete Agreement Lawyer

Whether you work for Ace Hardware Corporation, AIM Transportation Solutions, or Amedisys Home Health, you may have signed a non-compete agreement with your employer at the beginning of your term of employment. You may need to hire a non-compete agreement lawyer in Gainsville, Texas if you want to challenge the validity of this non-compete agreement in a Texas court. Specific rules of construction and interpretation govern whether or not non-compete agreements are enforceable.

About Alagood Cartwright Burke PC

R. Scott Alagood earned his law degree from Texas Tech University School of Law. He received his board certification in Residential and Commercial Real Estate Law by the Texas Board of Legal Specialization in 2001. Sam Burke is board-certified in Civil Trial Law by the Texas Board of Legal Specialization and is a regular contributor to the Denton Record Chronicle.

Brian T. Cartwright is a past president of the Denton County Bar Association. His practice areas include employment law, contract law, and personal injury. Ryan T. Webster receives appointments by the Denton County Probate Court, and his primary practice areas are personal injury and guardianship proceedings. Contact our team at Alagood Cartwright Burke PC and let us assist you in your legal needs.

FAQs

Do Non-Competes Hold Up in Court in Texas?

Non-compete agreements are enforceable in court in Texas, but they must contain reasonable provisions and conform with general contract law principles under Texas law. A non-compete agreement is generally upheld if it protects legitimate interests without placing an undue burden on the employee’s ability to find stable employment. The restrictions in the non-compete agreement must be limited in time, geographic scope, and scope of activity.

How Do I Legally Get Out of a Non-Compete?

An employee may be able to get out of a non-compete in Texas by establishing that the provisions and terms of the non-compete agreement are restrictive to an unreasonable degree. The employee may also be able to demonstrate that the employer breached the non-compete agreement. The parties may negotiate a release or request a court order modifying the restrictions on the face of the non-compete agreement.

Are Non-Competes Enforceable Against Lawyers?

Non-compete agreements are not enforceable against lawyers under Texas law. Rules of professional ethics regulate how lawyers can practice after leaving a particular employer, and therefore, judges in Texas do not enforce non-competes that can limit a lawyer’s right to practice law. The attorney-client relationship is an important component of the legal system in the United States, and non-compete agreements may undermine it.

How To Beat a Non-Compete in Texas?

Employees who want to beat a non-compete agreement in Texas have several options available to them. Employees may seek a waiver or exemption from the non-compete agreement’s provisions. Also, an employee may be able to wait for any time limitations related to the non-compete agreement to lapse. An employee may also challenge the validity of the non-compete agreement in court. Lastly, an employee and employer may renegotiate the terms of the agreement.

Contact Alagood Cartwright Burke PC Today to Schedule a Free Consultation

Dealing with non-compete agreements can be frustrating and overwhelming for those who are trying to comply with the terms of those agreements. It is necessary to work with a skilled lawyer to determine what you can do if you want to challenge a non-compete agreement or determine if it is valid under Texas law.

If you have questions regarding a non-compete agreement, then contact us today to schedule a free consultation. Our skilled attorneys can help you analyze the details associated with the non-compete agreement you signed with your employer. We focus on our clients, and helping them resolve their legal disputes is our first priority.