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00:04
so people
00:04
ask me all the time when they’re when
00:07
i’m presented with a non-competition
00:09
agreement
00:10
is this agreement enforceable it’s you
00:13
know the question someone will always
00:14
ask me and
00:16
surprisingly so nine times out of ten
00:20
the agreement will be enforceable this
00:23
texas law is is very clear that if
00:27
certain standards are met and and most
00:29
of them have these standards
00:31
it is going to be enforceable you look
00:34
to see
00:35
if an employ if an agreement is
00:38
supported by consideration and that
00:40
could be
00:41
the provision or a promise to provide
00:43
confidential information or trade
00:45
secrets
00:46
or things like that what we do in our
00:49
practice
00:50
is we look to see if an
00:53
enforceable agreement is subject to
00:57
modification because a non-competition
01:00
agreement has to be reasonable in the
01:02
state of texas in three aspects
01:05
the scope of the activity to be
01:07
restrained
01:08
the geographical encompassment of the
01:12
prohibition and the um and the time
01:15
the overriding premise is a non-compete
01:18
can
01:19
will only be enforced to the extent
01:22
reasonably necessary
01:24
to protect the employer’s legitimate
01:26
goodwill expectations
01:28
so boil that down if they’re not
01:30
reasonable
01:31
and we can always find a way to show
01:33
they’re not reasonable
01:34
we could probably fix it for you
Houston, TX employment law attorney Gregg M. Rosenberg talks about the enforceability of noncompetition agreements.