The Poole court explained that Sheshunoff was separate because it was a non-compete clause that prevented only the employee from requesting previous clients with whom he had personal contact or a potential client previously identified. Thus, according to the Tribunal, Sheshunoff did not change the industry-wide exclusion rule. Id. at 8. To protect the company`s capital and confidential information, a Texas employer may use a non-compete agreement. A non-compete agreement can be implemented in Texas if it is supported by a valid consideration and it is in time, in space and too brave. In general, Texas law disapproves of contracts and agreements that restrict employee mobility. The Texas Free Enterprise and Antitrust Act of 1983 states that „any contract, combination or conspiracy to restrict trade or commerce is illegal.“ Why he made the list of the top 5: This case shows that Texas Covenants Not to Compete Act applies to any trade restriction, not just simple vanilla non-compete and non-demand agreements in the context of employment or business sales. Many competition bans are filed after an employer learns that an ex-employee is violating his contract not to compete. Sometimes an ex-employee shows up for several months before an employer realizes that the ex-employee is doing so.
This is especially possible at a time when there is a lot of trading on the internet. So, through the… Thus, the rule of exclusion in Texas today seems alive and good, in different forms. See z.B., TENS Rx, Inc. v. Hanis, No. 09-18-00217-CV, 2019 WL 6598174, at 4-6 (Tex). App.-Beaumont 5.12.2019, no pet. h.) (confirmation of summary judgment against non-competition prohibitions on the basis of an industry-wide exclusionary rule). But the rule has its limits.
The answer to the question of whether a Texas non-compete agreement is applicable therefore depends on that. What an employee who is tied to a non-competition really wants to know is: what happens to me if I break a non-competition in Texas? Quote: „Short being Lucernex`s principal solution engineer, he now has an „intimate knowledge of all the functions of the Luzernx product“. Short is familiar with Lucernex`s new software and its roadmap for future product development. He knows the product features that Luzernx customers want. He is familiar with Lucernex`s business development plans, market research, distribution objectives and marketing strategy.