We’ve talked about the Texas Supreme Court’s opinion in Marsh USA v. Cook and what employers should be doing in light of the ruling.  What about employees?  Here are a few thoughts:

  1. Non-competes are getting easier and easier to enforce in Texas – Employees should take them seriously and assume they are enforceable when negotiating;
  2. Have a lawyer review any proposed non-compete or non-solicitation agreement to get an idea as to its enforceability;
  3. Negotiate – Negotiate – Negotiate;
  4. With respect to 3: (a) get an agreement that any non-solicitation does not apply to previous customers/clients; (b) limit the geography and length of any agreement; and (c) negotiate a buy out of the agreement;
  5. Be wary of any non-compete that is based upon money or compensation – it may be enforceable now;
  6. Keep copies of anything that is signed.

Any other suggestions?