The elements of an action for enforcing a covenant not to compete ancillary to an employment agreement are: (1) the employer and the employee entered into an enforceable agreement, separate from a covenant not to compete, (2) the covenant not to compete was ancillary to or part of the agreement at the time the agreement was made, (3) the covenant’s limitations were reasonable as to each of the following: (a) time, (b) geographic area, and (c) scope of activity to be restrained, (4) the covenant’s limitations did not impose a greater restraint than was necessary to protect the employer’s business interest, and (5) the employee breached the covenant not to compete. Marsh USA Inc. v. Cook, 354 S.W.3d 764, 771 (Tex. 2011); See Tex. Bus. & Com. Code §§15.50- 15.52.
If you believe you have a claim against an employee for breach of a covenant not to compete, or you have been wrongly sued by an employer for breach of a covenant not to compete, please contact Mr. Browning for a free phone consultation.