Often times, employers and employees leaving for a new position find themselves asking one question: is the non-compete or non-solicitation agreement the employee signed with her prior employer enforceable? The answer to this question is tricky. Texas law attempts to balance an employer’s interest in protecting its trade secrets and customer relationships against an employee’s interest in taking a different employment opportunity or even starting a competing business, and each situation presents unique obstacles and considerations. But there are a few key guideposts that help us answer that question.
