Non-Solicitation Agreements

No one likes exit interviews, well most folks don’t.  The employee is departing  the interviewer is checking off the boxes.  But, from the employer’s perspective they can be invaluable if handled correctly and I recommend them. Some considerations:

  1. Who handles the interview?  It doesn’t always have to be someone from HR.  If the departure is

Employers don’t spend enough time considering their non-competes.  That’s an overly broad statement, but it is usually the rule not the exception.  The reason that happens kind of makes sense. Most employers haven’t been down the road of enforcing a non-compete.  The provision at issue may be a one-off that’s included in one employment agreement

Last week, Google said it was no longer going to enforce its anti-poaching provision that includes in its employment contracts.  I don’t see them going anywhere as it relates to Texas employers/employees.

Under Texas law, an anti-poaching provision has to satisfy the Texas non-compete statute meaning it has to be ancillary to an otherwise

The usual gamut of post-employment covenants includes non-compete restrictions, non-solicitation of customer restrictions, confidentiality restrictions, and in many cases the anti-raid provision designed to keep a departing employee from hiring away a former employer’s employees and contractors.  The anti-raid is not always given a lot of thought, but it should be.  Why?  Because when

One option we’ve never spent much time discussing here as it relates to non-competes is the buyout option – on both sides.  Buying out a non-compete is neither new nor novel.  Physician non-competes in Texas require that the non-compete provision include a buyout option.   The statute provides:

the covenant must provide for a buy

people-220284_960_720

A Texas non-compete must satisfy two main components to be enforceable. The non-compete has to be ancillary to an otherwise enforceable agreement and be reasonable in time and scope. Before the Texas Supreme Court this week was a case where the court was asked to consider a non-compete without a geographical restriction and consider whether

white hatThe details are slim from a recent article from the New York Post about a $3 million dollar non-compete/breach of contract case against a New York City hair stylist.  What we know:

  • Stylist Annie Rush worked at the salon for 6 years;
  • Apparently she is alleged to have signed a 1 year non-compete (that is