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Non-compete agreements are common in most industries, but the laws that govern them vary from state to state. In Texas, non-compete agreements are enforceable, but there are certain restrictions that employers must follow.

If you have been fired from your job and have a non-compete agreement, it`s important to understand your rights and responsibilities. Here`s what you need to know about non-compete agreements in Texas:

1. The agreement must be reasonable in scope and duration

Under Texas law, a non-compete agreement must be reasonable in scope and duration. This means that the agreement must be narrowly tailored to protect the employer`s legitimate business interests, and it cannot be so broad that it prevents the employee from finding work in their field.

In addition, the agreement must be limited in duration. Texas courts have generally held that a non-compete agreement should not exceed two years.

2. The employer must provide adequate consideration

For a non-compete agreement to be enforceable in Texas, the employer must provide the employee with adequate consideration. This means that the employer must give the employee something of value in exchange for their agreement not to compete.

Typically, this consideration takes the form of a job offer or a promotion. However, if an employer asks an employee to sign a non-compete agreement after they have already been hired, the employer may need to provide additional consideration, such as a bonus or a raise.

3. The agreement must be supported by a legitimate business interest

To be enforceable, a non-compete agreement in Texas must be supported by a legitimate business interest. This means that the agreement must be designed to protect the employer`s confidential information, trade secrets, or customer relationships.

If an employer cannot demonstrate a legitimate business interest, the non-compete agreement may be unenforceable.

4. The employer must give notice

Under Texas law, an employer must give notice to an employee before asking them to sign a non-compete agreement. The notice must be given at least two weeks before the agreement is signed, and it must disclose the terms of the agreement.

If an employer fails to provide notice, the non-compete agreement may be unenforceable.

5. Non-compete agreements may be challenged in court

If you have been fired and your former employer is trying to enforce a non-compete agreement, you may be able to challenge the agreement in court. A court may find that the agreement is unenforceable if it is overly broad or if it does not serve a legitimate business interest.

In addition, if an employer breaches the terms of a non-compete agreement, the employee may be entitled to damages.

In conclusion, if you have been fired and have a non-compete agreement, it`s important to know your rights and responsibilities under Texas law. Non-compete agreements can be enforced, but they must be reasonable in scope and duration, supported by a legitimate business interest, and accompanied by adequate consideration. If you have any questions or concerns about non-compete agreements, it`s best to consult with an experienced attorney.