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So we handle an inordinate amount of non-competition agreements, and there are many different ways to do it. Sometimes somebody will come to me, they’re working here in Texas, and they have an agreement that says is governed by an enforceable through the laws of other states. One example I just handled just the other day was Ohio.
I counsel my client that if you know you’re leaving, you may want to get a lawsuit filed here first with you bringing, my client bringing a lawsuit, in what’s known as a declaratory judgment action, contesting two things: the validity of the choice of law and venue selection provision to keep them out of Ohio, or wherever whatever state it may be, and also to determine that the restrictions are unenforceable because they’re unreasonable due to certain parameters. That’s something we do when somebody comes to see us in the beginning.
If somebody comes to see us after they’ve been hit, usually it’s a cease and desist letter, or an actual temporary restraining order has actually been signed by a judge, well, we evaluate that on a case-by-case basis.
Houston, TX employment law attorney Gregg M. Rosenberg talks about his experience in handling noncompetition agreement cases.