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State Employment Law Articles
Report Link Texas Employees May Be Required to Defend Non-Compete Claims In Other States.Jackson Lewis LLP - July 19, 2007 In another favorable opinion for employers seeking to enforce non-compete agreements against former employees, the Texas Supreme Court has held that case law barring Texas courts from invoking another state's law to interpret a Texas employee's non-compete agreement does not invalidate a clause saying that any lawsuits involving the agreement will be brought in a specified court of another state. Report Link Texas Employers Seeking to Enforce Non-Compete Agreements Get Welcome Relief.Jackson Lewis LLP - October 27, 2006 Since 1994, employers in Texas have been hamstrung by a decision of the state’s highest court which severely limited the enforceability of covenants not to compete in employment at-will relationships. Light v. Centel Cellular Co., 883 S.W.2d 642 ( Tex. 1994). In the twelve years since then, employers have attempted to find creative ways to circumvent the near absolute prohibition against having an enforceable non-compete agreement with an at-will employee. Following the precedent set by the Texas Supreme Court, many state courts subsequently rejected these attempts, finding that the resulting agreements were “illusory.” Report Link Texas Supreme Court Modifies Position - Upholds Non-Compete Covenant.Ford & Harrison LLP - October 25, 2006 Changing its prior position on the issue, the Texas Supreme Court has held that an employer’s promise to perform (for example, to provide training or confidential information) is sufficient to create an enforceable covenant not to compete in an at-will employment relationship; however, the non-compete covenant is not enforceable until the employer takes the action it has promised. Report Link Texas Supreme Court Provides New Focus for Noncompete Contract Enforcement.Littler Mendelson, P.C. - October 25, 2006 All employers have good reason to welcome the Texas Supreme Court's most recent ruling on noncompete contracts. Much of the confusion that made noncompete contract enforcement in Texas difficult to predict has been eliminated. In Alex Sheshunoff Management Services, L.P. v. Johnson, the Texas Supreme Court shifts the focus for noncompete contract analysis away from technical timing and contract formation issues that dominated recent decisions, and back to whether the contract is reasonable and necessary for the protection of a legitimate business interest. Lower courts were split on whether the Texas Covenant Not to Compete Act (the "Act") required a specific formation process with unique timing requirements. It is now clear that the contract formation process will be less important than the content of the contract and circumstances surrounding performance of it.
Report Link Texas Supreme Court Enforces Covenant Not to Compete (pdf).Ogletree Deakins - October 24, 2006 Texas Supreme Court Enforces Covenant Not to Compete. Report Link Texas Employers Finally Get Judicial Relief in Non-Compete Case.Jackson Lewis LLP - May 17, 2006 For years, Texas employers have been frustrated with court decisions invalidating their non-compete agreements. A spate of cases from courts of appeals across Texas has made it nearly impossible to have enforceable non-compete agreements with at-will employees, based on the reasoning that employer promises made within the at-will relationship are "illusory" since the employee could be discharged right after signing the agreement. Report Link Texas Court Delivers Another Blow to Non-Compete Agreements.Jackson Lewis LLP - February 17, 2003 Courts in Texas continue to struggle with the law regarding non-compete agreements, as a recent decision by the Dallas Court of Appeals indicates. That opinion adds to the trouble Texas employers may face when they seek to protect their business interests through enforcement of existing non-compete agreements with at-will employees.
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Count and Sub-TopicsArticles Found: 7NO SUBTOPICSEmployment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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