Labor and Employment Litigation and Counseling
Employment Discrimination, Retaliation, and Harassment
- National Origin
- Family Medical Leave Act
- ERISA (medical, retiree, pension benefits)
- Workers’ Compensation Retaliation
Overtime claims (Fair Labor Standards Act)
- FLSA litigation – misclassification and off-the-clock claims
- Wage and Hour counseling
Department of Labor Investigations/Audits
FLSA and I-9 audits
COBRA Notice Violations
Responding to EEOC or TWC discrimination charges
Independent contractor classification
Employment Contracts/Non-Compete Agreements
- Drafting and reviewing
- Temporary Restraining Orders
- Temporary Injunctions
- Interference with employment contract
- Public policy (Sabine Pilot) wrongful termination
Employee Handbooks and Policies
Have Questions About Your Non-Compete Agreement?
The main reason that an employer might want to keep an employee from leaving is to protect its business. Often, an employer has a competitive advantage in its customer relationships and wants to protect itself from the employee’s use of that confidential knowledge. This legal protection will protect the employer in a number of different ways.
If your employer has a non-compete agreement in place with you, the court will uphold it if the clause is reasonable and you have a legitimate business interest. Non-competes can be too restrictive and an employer cannot ban you from working for a competitor for more than an X amount of years. Reasons to uphold a non-compete agreement may vary based on the type of work you do. If you don’t have access to sensitive information, the non-compete agreement might not be enforceable.
Consult Our Non-Compete Agreement Attorney In Houston, TX
A non-compete agreement must be specific in terms of work prohibited. It may not restrict all employment, but rather only certain types or limited scopes of employment. The contract should make it clear to current employees what is and isn’t prohibited, since ambiguity may render the non-compete unenforceable. In addition, the non-compete should be limited in terms of geographic area. This is to protect both parties.
When it comes to terminating a non-compete agreement, it is best to use it only when necessary. Make sure that the terms are clearly stated in the offer letter to prospective employees. This way, prospective employees will be aware of the terms and benefits of the job.
A non-compete agreement is a contractual restriction on an employee’s right to work elsewhere. It must be offered to workers before the employee accepts employment with an organization. Non-competes are usually presented to employees before they accept a job offer, but some employees may not be aware of their contents, and they may accept the contractual limitation without realizing it. In these cases, it’s important to seek legal advice to determine whether the agreement is in the employee’s best interest. Contact Sud Law P.C. to get advisement on your non compete agreement.