Non-compete agreements are notoriously subject to litigation. If you are an employer who requires a worker to sign a non-compete agreement, a court may find that the document is overly restrictive or was signed under duress. And if you are a worker who signs a non-compete agreement, the court will not necessarily side with you if you attempt to evade the spirit or the letter of that document. That's why you need to hire an attorney with extensive experience in non-compete agreements.
Why Are Non-Compete Agreements Disputed?
The reason non-compete agreements in Texas cause so much litigation is that, depending on your perspective, they either strike at the very heart of free-market capitalism or ensure that the system runs smoothly.
- If you're an employee, you feel that you have the right to earn a living however you desire, and should not be unreasonably shackled by a document telling you what kinds of companies you can work for, within what time frame. Your employer has no right to classify your hard-won skills as “trade secrets” and prevent you from taking them to another firm.
- If you're an employer, you have a different perspective on the situation. Your company has the right to retain its intellectual property, and if an employee takes that property with him to another job, in violation of his non-compete agreement, that is tantamount to theft. A competing company should not derive a significant advantage from hiring one of your ex-workers.
- Finally, if you're a lawyer or judge, you probably have a different take entirely on the validity of any given non-compete agreement. These documents have to be drawn up very carefully, lest they be deemed overly restrictive of an individual's civil liberties or even downright unconstitutional. An “airtight” non-compete agreement is very rare, and it's almost always possible to poke holes in any given document.
Let an Experienced Fort Worth Employment Lawyer Handle Your Employment Conflict—Call Jim Zadeh Today!
Jim Zadeh has almost three decades of experience litigating non-compete disputes on behalf of both employers and employees in the Dallas–Ft. Worth area. If you feel that you have been unfairly restricted by your non-compete agreement, or that one of your employees is flouting the terms of his agreement, contact our Ft. Worth trial attorney today at 817-335-5100 to find out what he can do for you!
