A trusted employee leaves your company. Weeks later, you find out they’re working for a competitor, or worse, calling your clients. You remember the agreement they signed; the clause meant to prevent precisely this. But now you’re asking a question you never thought you’d need to: Are non-competes enforceable in Texas?
The answer isn’t straightforward. Texas law allows non-compete agreements only under specific conditions, and courts scrutinize every word. The agreement may fall apart when challenged if the terms are too broad or fail to protect a legitimate business interest.
At The Vastine Law Firm, PLLC, we help business owners protect what they’ve built. Attorney Scott K. Vastine has defended trade secrets, enforced restrictive covenants, and helped clients navigate the high-stakes world of competitive hiring. If you’re facing a breach or considering enforcement, the terms of your agreement and the strength of your legal strategy will determine the next steps.
Are Non-Competes Enforceable in Texas?
Texas courts enforce non-compete agreements but apply strict scrutiny to determine whether the restriction is fair, reasonable, and necessary to protect legitimate business interests. In Texas, a non-compete clause is enforceable only if:
- It is ancillary to or part of an otherwise enforceable agreement (such as an employment contract);
- It protects confidential information, trade secrets, goodwill, or other recognized business interests; and
- The limitations on time, geographic scope, and activity are reasonable and not broader than necessary.
Understanding what a Texas court views as “reasonable” often requires more than just reading the law. It requires experience in interpreting precedents, industry standards, and local norms. That’s where The Vastine Law Firm, PLLC can help—by building or defending non-compete agreements that hold up in court.
When Does a Non-Compete Hold Up in Texas Courts?
So, how does a non-compete hold up in Texas? Courts typically uphold non-competes that protect:
- Trade secrets or proprietary information,
- Customer lists or goodwill, and
- Business-specific training or methods that are not generally available to the public.
However, overly broad restrictions often fail, such as barring an employee from working in an entire industry or state. A properly structured non-compete should:
- Be narrowly tailored to the employee’s specific role;
- Define the competitive activity being restricted (e.g., solicitation, employment, ownership);
- Limit duration to what is necessary (typically one to two years); and
- Apply only to the geographic area where the business operates or has a legitimate interest.
At The Vastine Law Firm, PLLC, we help businesses draft non-compete clauses that are both enforceable and effective. We tailor language to your company’s structure, employee roles, and the realities of your market.
Can I Refuse to Sign a Non-Compete Agreement in Texas?
If your employee asks, “Can I refuse to sign a non-compete agreement?” The answer is yes. However, in Texas, employers can make non-compete clauses a condition of employment. While no one can be forced to sign, refusal may result in a withdrawal of a job offer or termination of employment, depending on company policy and the circumstances.
For current employees, signing a non-compete agreement may require additional benefits, such as continued access to trade secrets, new training, or a promotion. Without fresh consideration, the contract may not be enforceable.
Business owners should work with counsel to ensure that non-compete agreements are properly supported, narrowly tailored, and compliant with Texas law from the outset.
How To Get Out of a Non-Compete in Texas
Breaking or exiting a non-compete in Texas is possible only under specific conditions. If you’re a business owner facing a challenge from a former employee who is exploring how to get out of a non–compete agreement, consider the following common arguments:
- Challenge enforceability—The former employee may argue that the clause is too broad, not tied to a valid contract, or lacks consideration;
- Request release or modification—Some employees attempt to negotiate changes during exit negotiations or as part of a settlement;
- Claim no competitive threat—if the new role or venture is positioned as noncompetitive, they may argue the restriction no longer applies; and
- Allege employer misconduct—if the employer is accused of breaching the employment contract, the employee may seek to invalidate the non-compete.
Litigation over non-competes can be expensive, fast-moving, and reputation-sensitive. The Vastine Law Firm, PLLC helps employers respond strategically, defending well-drafted agreements and minimizing business disruption.
What Should My Business Do If a Former Employee Violates a Non-Compete?
If a former employee appears to be soliciting clients, copying trade secrets, or working for a direct competitor in violation of a signed agreement, swift action matters. Texas courts may issue a temporary restraining order (TRO) or injunction to prevent further harm, but only if you move quickly.
Here’s what to do:
- Review the agreement with legal counsel to assess enforceability;
- Gather documentation that supports the violation (emails, marketing, client communications, etc.);
- Preserve evidence of damages or lost business; and
- File for injunctive relief to prevent further competition, if warranted.
Courts are more likely to grant emergency relief when the request is made promptly and supported by clear facts. Our firm has secured favorable outcomes in non-compete disputes across Texas, including obtaining dismissals and defending high-value business interests.
Legal Guidance Is Critical in Texas Non-Compete Disputes
Non-compete disputes are rarely black and white. Enforcing one requires deep knowledge of Texas law, strong supporting evidence, and an understanding of how judges in your jurisdiction apply the rules.
The Vastine Law Firm, PLLC offers:
- Contract drafting and review services for enforceable non-compete language,
- Litigation strategies tailored to Texas courts,
- Defense of valid non-compete agreements against employee challenges, and
- Pre-litigation guidance for business owners responding to potential breaches.
Attorney Scott K. Vastine’s experience spans both the executive and courtroom arenas. From representing major property owners to fighting against unfair competition, he brings decades of insight and precision to every case.
Contact The Vastine Law Firm, PLLC Today
Non-compete agreements can be enforceable in Texas when properly drafted and used fairly. But they require careful legal structuring, and enforcement demands swift, strategic action.
Contact us today for a free consultation. We’ll help you evaluate your agreement, respond to violations, and take appropriate legal action to protect your business, your clients, and your competitive position.
