Houston Non-Compete Agreement Violation Lawyers

Helping Employers Across Texas Enforce Non-Compete Agreements and Defending Against Non-Compete Violations

On This Page

• Is a Non-Compete Agreement Enforceable in Texas?
• How to Enforce a Non-Compete Agreement in Texas
• Preparing for Non-Compete Agreement Litigation
• My Employee Did Not Sign a Non-Compete – Can They Still Be Stopped From Competing Against Me?
• Can I Hire Someone Who Signed a Non-Compete?
• Can Texas Courts Void or Modify Non-Compete Agreements?
• How Do I Get Out of a Non-Compete Agreement in Texas?
• What Physicians Need to Know about Non-Compete Agreements
• Non-Compete Disputes Move Fast – So Should You

Yes, non-compete agreements are legally binding and enforceable in Texas, though there are restrictions.

To hold up in court and be enforceable in Texas, a non-compete agreement must:

• Be ancillary to an otherwise enforceable agreement (such as an employment contract)
• Be reasonable in scope of activity
• Be reasonable in geographic area
• Be reasonable in duration 

Courts will only enforce non-compete agreements that are reasonable in terms of geographic limitations, the length of time restrictions will be in place, and the scope of prohibited work and activities. Courts also closely scrutinize non-competes to ensure they are not overly burdensome to an individual and their professional Future. They must also be specifically tailored to the specific employee and designed to protect legitimate business interests (for example, trade secrets, confidential information, and business goodwill).

If a court deems any of these elements to be broader than necessary to protect the interests of the business, the court can reform or void the non-compete agreement.

Physicians and other healthcare practitioners are subject to additional requirements under Texas law – including new rules that took effect September 1, 2025. Learn more about the specific requirements for Texas physician non-compete agreements.

Employers can pursue injunctive relief, compensatory and lost-profit damages, and in some cases attorney's fees. Enforcement should begin the moment you suspect a violation – and speed matters. Courts pay attention to how quickly an employer acts. A significant delay can signal to a judge that the harm was not as urgent or irreparable as claimed, weakening your case.

A common method of seeking relief in the face of competitive harm is to file a lawsuit and seek a temporary restraining order (TRO), followed by a temporary injunction. This will allow you and your attorney time to construct the case, and it stops the potentially injurious activity – another reason to act quickly. 

To obtain a TRO or temporary injunction, you must demonstrate that:

• A valid cause of action exists; 
• You have a probable right to the relief sought; and 
• There is a probable, imminent, and irreparable potential for harm with no adequate remedy at law.

Constructing a thorough case involves gathering evidence, witness testimony, and relevant documentation through discovery. The discovery process typically includes access to the former employee's work devices and email accounts, forensic analysis of data transfers and deletions, depositions of key witnesses, and documentation of customer communications or solicitations.

If the case proceeds to trial or is settled through negotiations or mediation in your favor, available damages in these cases include compensatory damages for actual losses caused by the violation, lost profits where trade secrets were misappropriated, the value an investor would have paid for misappropriated information, and potential royalties for its use.

See the full timeline of what can happen after a non-compete violation in Texas.

If you suspect an employee or former employee is violating their non-compete agreement, act quickly. Start by gathering the facts and consulting an attorney to ensure you have legal grounds for your claim.

• Documents: Make sure you have a copy of every document the employee in question signed. If your employee signed a non-compete agreement in exchange for benefits, gather records of the benefits awarded as well.
• Witness interviews: You and your legal team will also need to conduct witness interviews. Coworkers may have witnessed the employee’s violation of the non-compete agreement, and clients and customers can confirm suspected violations. Before asking a customer or client to provide an affidavit, consider how your request may impact the business relationship. Your lawyer can help you balance the interests of your business with the interests of your case.
• Electronic evidence: Another way to gather evidence is to search the employee in question’s computer. Often, employers can preserve electronic evidence by determining which files an employee accessed, transferred, printed, or deleted. If you suspect an employee is violating their non-compete agreement, preserve their emails and hard drives immediately, confiscate employer-provided equipment (like work laptops and cell phones), and remove their access to any shared computer systems or drives. These steps can also mitigate the damage of a non-compete violation.
• Enforceability: Once you have evidence of the violation, you will need to ensure your non-compete agreement is enforceable and review the state laws for enforcement. Your attorney can help you evaluate enforceability under state law.

Start your preparation today with a Houston non-compete violation lawyer from Hendershot Cowart P.C.

There are two specific situations in which an employee may be stopped from competing with his former employer by the courts:

1. First – even in the absence of a written agreement – an employee owes a fiduciary duty of loyalty to his or her employer. If the employee attempts to take confidential, proprietary information or misappropriate trade secrets (such as recruiting customers while employed), then the employer may be able to bring a suit for breach of these fiduciary duties. 
2. Second, under the Texas Uniform Trade Secrets Act, an employee cannot take and use the trade secrets of a former employer. 

That said, employers are advised to require employees to sign confidentiality agreements or non-solicitation agreements and not to rely solely on these common-law duties.

Need help with a non-compete dispute in Texas? Contact Hendershot Cowart P.C. today to schedule a consultation with our experienced Houston non-compete violation attorneys.

If you hire someone with a non-compete agreement in place, both you and your new employee will be exposed to potential litigation. To manage that exposure, you can require your prospective new hire to sign a statement confirming their non-compete obligations and prohibiting use of the former employer’s confidential information.

You can also ask legal counsel to review the candidate’s non-compete agreement and evaluate the agreement's enforceability under Texas law, or explore other legal alternatives to exit the non-compete agreement.

Your attorney can also clarify which business activities are restricted by the non-compete agreement and then design the work role to avoid potential violations of the non-compete agreement – at least until the agreement expires.

Above all, be aware that you are exposing yourself to risk by hiring someone who signed a non-compete – and be prepared to face litigation. Work with your attorney to determine what would happen if you or your employee are sued and start building your defense and potential counterclaims now.

Enforcing a non-compete agreement is not always an all-or-nothing decision. In Texas, a court can modify – or even nullify – the non-compete if the court determines that it is not reasonable. The courts are given wide latitude to reform a non-compete if the court believes the scope of activity, duration, or geographic area is too restrictive.

Courts also have the power to order a person or entity seeking to enforce the non-compete to pay the other side's legal fees if the court finds that an employer knew the non-compete was overly broad and still sought to enforce it.

Whether you can get out of a non-compete – and how – depends on your specific agreement and the facts of your situation. A demand letter or cease-and-desist isn't a judgment, and not every non-compete claim holds up under scrutiny. Texas courts recognize several defenses, from inadequate consideration and overly broad restrictions to conduct by the employer that undermines its own right to enforce the agreement.

See the full list of defenses we pursue and how they might apply to your situation.

If you've received a demand or are anticipating one, contact us before responding. Early intervention almost always produces a better outcome than waiting or reacting without counsel. Call (713) 783-3110 or contact us online to schedule a confidential consultation.

Because physician non-compete agreements can impact doctor-patient relationships, Texas law has special requirements above and beyond the elements of an executive non-compete agreement.

Specifically, physician non-competes must allow doctors:

• Access to a list of patients treated within the year preceding the separation from the practice
• Reasonable access, upon patient consent, to relevant medical records
• To provide for patients who need acute care even after the contract or employment has been terminated
• To buy out of their agreement and, effective September 1, 2025, a buyout provision cannot exceed the practitioner's total annual salary and wages at the time of contract termination
• Non-compete agreements can only restrict a physician's practice within a five-mile radius of where the physician or covered healthcare practitioner primarily practiced (effective September 1, 2025)
• Physician non-compete periods are capped at one year from the date of contract or employment termination, preventing employers from imposing indefinite or excessive time restrictions (effective September 1, 2025)

To learn more, visit our dedicated Physician Non-Compete Agreements in Texas page. Or reach out to our firm by calling (713) 783-3110. 

Whether a former employee is already working for a competitor or you've just received a cease-and-desist letter, the window to act is narrow. Courts grant – and deny – temporary restraining orders quickly, and the evidence that matters most can disappear just as fast.

Hendershot Cowart P.C. represents both employers enforcing non-compete agreements and employees or executives defending against them. We've handled these disputes from the first demand letter through trial. During a confidential consultation, we can tell you exactly where you stand.

Our team will:

• Review your agreement and assess enforceability under Texas law
• Identify your strongest available remedies or defenses
• Move quickly if injunctive relief is on the table
• Pursue or defend against claims for damages, attorney's fees, and trade secret misappropriation

Call our Houston non-compete dispute attorneys at (713) 783-3110 or contact us online to schedule a confidential consultation. We represent clients throughout Texas.