Let a Kerr, Hendershot & Cannon Lawyer Help You Protect Your Interests
When drafted properly, non-compete agreements protect the employer as well as the employee. The right language in the contract — and that is exactly what it is — can ensure that both parties are clear on what is expected of them during the period of employment and after the employment relationship has been terminated.
Business transaction and litigation attorneys at Kerr, Hendershot & Cannon have extensive experience drafting, reviewing, revising, enforcing and/or fending against non-compete and non-competition agreements for all types of employment relationships, including:
- Health care providers and medical practices
- Sales personnel
- Corporate executives
- Oil and gas traders
- Manufacturers
- Intellectual property developers
What Is Necessary in a Non Compete Agreement to Protect the Individual?
Many people think that non-compete agreements are simply a tool for employers to prevent key employees from working for a competitor. The truth is, the language in a non-compete must be reasonable in length of time and scope, including type of work and geographic region. We often work with professionals in the many fields who want to ensure that a current employer cannot restrict them from practicing in their chosen profession upon leaving employment.
In one key case involving a non-compete agreement, Sheshunoff Management Services v. Johnson, the Texas Supreme Court ruled that the employer must give the employee more than monetary considerations in return for signing a non-compete agreement. The employer must agree to provide something that is unconditional and must have a legitimate business need to prevent a former employee from earning a living in the industry.
Before you sign a non-compete agreement, or before you ask your employee to sign one, make sure you understand what you are agreeing to. The courts look at non-competition agreements as valid contracts, but only if they are properly drafted and meet the requirements of the Texas Business and Commerce Code.
Contact our offices in Houston or Corpus Christi, Texas, to discuss your specific needs with a Kerr, Hendershot & Cannon attorney today. Our Corpus Christi office is available only upon appointment.
