Navigating Non-Compete Agreements in Texas: What Austin Employers Should Know
Burk Law Firm, P.C. – Austin, TX
In Texas, non-compete agreements can be powerful tools for protecting your business interests—but only if they’re drafted and enforced correctly. At Burk Law Firm, P.C., Austin, TX, we guide employers through the complex legal landscape of restrictive covenants to ensure enforceability and minimize risk.
Are Non-Compete Agreements Enforceable in Texas?
Under Texas law, non-compete agreements are enforceable only when they are reasonable in scope, duration, and geographic reach—and are part of an otherwise enforceable agreement, such as an employment contract that includes confidentiality or trade secret provisions. The Texas Business and Commerce Code governs these contracts, and courts scrutinize them carefully.
Key Factors Austin Employers Must Consider
Legitimate Business Interest
Courts will ask: Are you protecting trade secrets, proprietary methods, or goodwill? A non-compete must not simply restrict competition—it must protect a real business asset.
Reasonableness in Scope and Time
A one-size-fits-all non-compete won’t hold up. If your restriction is too broad or lasts too long, it may be struck down. Tailor it to the employee’s role and geographic reach.
Consideration Is Mandatory
For the agreement to be valid, the employee must receive something of value—usually access to sensitive information or training—at the time the non-compete is signed.
Enforcement Strategy
If a former employee breaches the agreement, a swift response is critical. Our litigation team at Burk Law Firm, P.C., Austin, TX assists businesses in seeking injunctions or damages when necessary.
Drafting and Litigation Support for Austin Businesses
Whether you’re a startup looking to protect your competitive edge or an established firm seeking to revise outdated contracts, our attorneys provide customized, enforceable non-compete agreements. We also represent businesses in non-compete litigation across Texas courts, including Travis County.
Burk Law Firm, P.C. – Experienced Business Attorneys in Austin, TX
We understand what Texas courts look for—and what they reject. Contact our office today for strategic counsel on drafting, reviewing, or enforcing your non-compete agreements. Contact: 512-306-9108