You own a landscape business. You hired Josh as a general manager of the South Texas division. Josh signed a non-competition agreement when he was hired.
Josh worked great for 2 years then recently left to a competing business.
You called the Firm and want to enforce the non-competition agreement.
Non-competes are enforceable if:
1) They are part of an otherwise enforceable agreement.
2) There was some value given to the employee (“confidential information/trade secrets can count”)
3) These things are reasonable: Activities which are restrained; the time; and geographic scope.
Often, employers get tripped up on reasonableness.
It is probably not reasonable to restrict Josh from working for another landscape business located in Texas for 10 years.
PS. For employees in the medical industry- there are some technical things in the non-competes to become aware of.
PSS. There have been some ongoing changes in this area. Call us before entering into an agreement.