In support of its explanatory statement, the Tribunal relied on two State Court cases and two federal court proceedings in which non-binding agreements were considered non-competition obligations. So that should be sorted out. A non-exhortation association is a kind of „alliance not to compete“. But don`t let the employer`s lawyer get away with it by arguing that a non-invitation clause is not a non-competition clause. That is simply not true. In Texas, the reason for termination – whether for reasons, for no reason, dismissal, reduction of violence or some other reason – has no influence on the applicability of a non-compete agreement. Therefore, employers should not consider that non-competitive agreements are no longer applicable and should carefully address the application of such agreements to outgoing workers and the hiring of new workers who could still be linked to inconductions of competition with their former employers. It should not be otherwise if the non-invitation agreement is part of an employment contract.  So, if you are the lawyer representing the employee, don`t get too upset if the no-invitation clause has no geographical restriction. It could still be opposable, as written. And even if it is unenforceable, as written, the judge could still issue an injunction that imposes it to a more limited extent. Employers should keep in mind that if the employer tries to do so, the courts will look at non-competitors.
It is important to carefully develop non-competition and non-invitation contracts and to appropriately justify the restrictions that are temporarily applicable to them. When developing competition and non-appellants, it is best to seek the advice of qualified labour lawyers. If you need help to develop or implement these agreements, | Simon Paschal PLLC can help. On February 7, 2020, the American Medical Association sent a letter to the Federal Trade Commission (FTC) regarding non-compete bans in the workplace, claiming the second reason that a non-invitation agreement is an „alliance not to compete“ that the Texas Supreme Court has declared. It`s more important than the first reason. Businesses have a strong interest in protecting their trade secrets. To do this, they often invite staff to sign non-competition agreements, also known as restrictive agreements. These agreements are designed to prevent a worker from leaving the company and creating a competing business on the street, to the knowledge of his former employer. Employers also often use non-invitations or non-incentive clauses in their non-compete agreements to prevent a former employee from soliciting clients or current workers from his or her former employer. With regard to the application of Texas legislation, non-invitation agreements are considered non-competition agreements, so the information we are debating here regarding the development and application of non-competition obligations also applies to non-invitations.