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 Dallas based employment lawyers at Clouse Dunn Khoshbin LLP at [email protected]

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Clouse Dunn Khoshbin LLP — 214.220.2722

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[email protected]