A non-compete agreement forbids an employee from competing with an employer post-employment and usually contains a provision forbidding the employee from using the employer’s confidential information. Unfortunately, an employee who signs a non-compete agreement may find himself in litigation with a former employer, even if the employee does not believe he is “competing” according to the non-compete agreement. To avoid such litigation, an employee bound by a non-compete agreement should consult with an employment law attorney and develop an exit strategy prior to taking action. A non-compete attorney can evaluate both the enforceability of a non-compete agreement and what activities fall within its scope. This information can guide the employee when planning a new venture.
Under any exit plan, an employee should leave gracefully. An employee should avoid taking the employer’s confidential information or trade secrets in any form; taking even a generic document could give rise to a suspicion that the employee plans to use the information in a competitive manner. Further, an employee should remain true to the employer until the employment terminates; the employee should not actively compete with the employer prior to leaving the company or prepare for a new venture while on company time.
To speak with a Texas non-compete attorney, please contact the employment law lawyers at Clouse Dunn Khoshbin LLP at [email protected].
