It’s tough to keep up to date in Texas when it comes to mask/vaccine mandates. We have the interplay of federal/state and local laws and regulations and needless to say on top of the requirements we have a little politics sprinkled on top. So if you are a Texas employer or employee what are the
Texas non-compete law has changed very little over the last few years. There have not been any seminal Texas Supreme Court cases construing the Texas non-compete statute and little instructive case law from our intermediate appellate courts providing guidance. The reality is Texas trial judge are construing non-competes at the temporary restraining order/temporary injunction stages
Tomorrow, I have the privilege of speaking to the Executive Search Owners Association. Over the years I have had the privilege of representing placement professionals in a number of circumstances. Some tips:
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:
As the New Year begins a couple of things to consider:
Here’s a smattering of cases/disputes that are out there:
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
At the outset of most employment relationships, the employer will have an employee sign a litany of documents ranging from a IRS form W4 to a non-compete agreement. Buried within those documents is usually some form of a confidentiality agreement. Within the agreement the employee agrees not to share any of the employer’s confidential information while an employee and after they depart. Sometimes the agreement is referred to as a non-disclosure agreement or NDA. Here is an example of a clause from such an agreement:
Continue Reading Loose Lips Sink Ships
I recently finished a hard fought non-compete case that settled the day before trial. Unlike most non-compete cases that resolve themselves early on during the temporary injunction fight, this non-compete contained a liquidated damages provision that specified the damage number in the event of a non-compete breach. The terms of the non-compete prevented the employer from seeking injunctive relief – the only remedy was the liquidated damages clause. The trial court ruled the non-compete was enforceable and the amount of the liquidated damages provision was never challenged. Even with those rulings/facts the case dragged on to the point of trial.
Non-compete cases that are well lawyered should be resolved early in the litigation process. Why do I say that? If the plaintiff is an aggressive former employer it will in most instances move for a temporary restraining order followed by an application for a temporary injunction in Texas state court. In that process a lot of things can happen. First, the parties will have appeared before a judge and gotten a flavor for how the judge will rule and what the judge thinks of each parties’ claims and defenses. Second, there may be expedited discovery including document productions and depositions. The judge may even order the case to mediation to avoid having to spend court time on a temporary injunction hearing – which is like a mini-trial.