Home / Non-Compete Review
DFW Employment Law
A non-compete shouldn't stop you from earning a living.
Many non-compete agreements are written more broadly than Texas law actually allows. Before you sign one — or before you leave for a new job — let an employee-side lawyer tell you what's really enforceable.
In Texas, a non-compete is enforceable only if it's tied to an otherwise enforceable agreement and is reasonable in time, geographic area, and scope of activity. Many non-competes overreach on at least one of those points. Whether you're being asked to sign one or you're worried about leaving, a review can tell you what a court is likely to actually enforce.
When non-competes are enforceable in Texas
Texas law allows non-competes, but only within limits. To be enforceable, a non-compete generally must be ancillary to an otherwise enforceable agreement (for example, one where the employer provides confidential information or specialized training) and must be reasonable in its time period, geographic scope, and the activities it restricts. Restrictions that are broader than necessary to protect a legitimate business interest can be cut back or struck down by a court.
Why a review is worth it
- Before you sign — understand exactly what you'd be agreeing to and whether terms can be negotiated.
- Before you switch jobs — find out what's realistically enforceable so you can make a confident move.
- If you're being threatened — a demand letter from a former employer is often broader than what a court would enforce.
- Related clauses — non-solicitation and confidentiality provisions can carry their own restrictions worth understanding.
The bigger picture
Non-compete law is in flux nationally, with ongoing litigation over broader limits on these agreements. Texas law continues to govern most private agreements here, and the reasonableness analysis remains central. We'll review your specific agreement against current Texas law and tell you where you stand.
Three things Texas workers get wrong about non-competes
- "I didn't get anything for signing, so it doesn't count." Not necessarily. In Texas, even an at-will employee's non-compete can become enforceable if the employer promises — and later actually provides — confidential information or specialized training. What you received, and when, is often the pivotal question, and it takes a careful read of both the agreement and your actual work history.
- "It's overbroad, so it's void." Texas courts usually don't throw out an overbroad non-compete — they reform it, rewriting the restriction down to something reasonable. But reformation has a silver lining for employees: when a court has to reform an overbroad agreement, the employer's ability to collect money damages for what happened before reformation is sharply limited. Overbreadth doesn't free you, but it changes the employer's leverage considerably.
- "They sent a letter, so I'm being sued." A cease-and-desist letter is an opening position, not a lawsuit — and they're routinely written broader than any court would enforce. The wrong responses are to panic (quitting the new job) or to ignore it (letting the employer control the narrative with your new employer). The right response is a measured, informed reply.
Got a cease-and-desist letter? Here's how we handle it.
This is one of the most common — and most fixable — situations we see: you've started or accepted a new job, and your former employer's lawyer sends a letter demanding you stop. Our review covers the letter and the underlying agreement: what's actually enforceable under Texas law, what the letter overstates, what your realistic exposure is, and — where appropriate — a written response that answers the demand without conceding what the law doesn't require. If your new employer has been copied, we'll talk through how to keep them comfortable, too.
How the flat-fee review works
- Send the agreement (and any letter you've received, and your timeline).
- Flat fee, quoted in writing before we begin. The initial consultation about whether you need a review is free.
- You get a plain-English risk read — what's likely enforceable, what isn't, and what your practical options are for the move you want to make.
- If a response letter or negotiation is warranted, that's a separately quoted scope — your call, no automatic escalation.
Do I have a case?
If any of this sounds familiar, let's talk.
- You've been handed a non-compete and aren't sure what you're giving up.
- You want to leave for a competitor and worry about being sued.
- A former employer sent you a letter threatening to enforce a non-compete.
- The restriction seems to cover too much time, area, or too many activities.
- You signed a non-compete without specialized training or confidential info.
Common questions
Straight answers.
Are non-competes enforceable in Texas?
Sometimes. A non-compete is enforceable only if it's tied to an otherwise enforceable agreement and is reasonable in time, geography, and scope. Many are written too broadly and can be narrowed or struck down.
Should I sign the non-compete my employer gave me?
Have it reviewed first. Understanding what you're agreeing to — and whether terms can be negotiated — is far easier before you sign than after.
Can I be sued for taking a new job?
An employer can try to enforce a non-compete, but whether they'll succeed depends on how reasonable the agreement is. A review can tell you the real risk before you make a move.
What about a non-solicitation or NDA?
Those are related but distinct restrictions, and they have their own enforceability rules. We can review the whole agreement so you understand every obligation.
Can a Texas court rewrite my non-compete?
Yes — it's called reformation. Instead of voiding an overbroad non-compete, Texas courts narrow it to a reasonable scope. The employee-side upside: when reformation is required, the employer's ability to recover money damages for conduct before the agreement was reformed is sharply limited, which changes the settlement leverage.
I never received anything for signing — is it still binding?
Possibly. Texas courts have held that when an employer promises confidential information at signing and later actually provides it, that performance can make the non-compete enforceable — even for at-will employees. Whether that happened in your case depends on the agreement's wording and what you actually received, which is exactly what a review sorts out.
I'm a physician — are the rules different?
Yes. Texas law imposes special requirements on physician non-competes, including that the agreement must give the doctor the option to buy out the restriction at a reasonable price and must preserve access to patient lists and records. Physician agreements missing those elements have real vulnerabilities.
What should I do about a cease-and-desist letter?
Don't panic and don't ignore it. These letters routinely claim more than Texas law would enforce. Have the letter and the underlying agreement reviewed, then respond in a measured way — and if your new employer received a copy, get ahead of that conversation. Most of these situations resolve without a lawsuit.
Areas we serve
Representing employees across Dallas–Fort Worth.
Serving employees across the Dallas–Fort Worth Metroplex. Charges for the DFW area are handled through the EEOC Dallas District Office and the Texas Workforce Commission.
Take the first step
The sooner you have counsel, the more options you have.
Reaching out today can change the outcome.