Is a confidentiality agreement the same as a non-compete?

Confidentiality agreements can either protect both parties and so both parties are agreeing not to disclose or use each other's confidential information. In contrast, non-compete agreements are almost always one-sided agreements. Usually, one party (the employer) requires the other party not to compete.

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Sample Noncompete and Confidentiality Clauses

Bexar Texas Sample Noncompete and Confidentiality Clauses

Name: Bexar Texas Sample Noncompete and Confidentiality Clauses
Brand: US Legal Forms
Rating: 4.81 (485 reviews)

Category:

Employment - Noncompetition

State:

Multi-State

County:

Bexar

Control #:

US-AHI-053

Format:

Instant download

Description

This form contains samples of non-compete and confidentiality clauses. These clauses can be included in the employees paperwork.

Employee Confidential Information and Nonc...

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FAQ

What Happens If I Break a Non-Compete Agreement in Texas? If you violate the terms of a legally enforceable non-compete agreement, your employee may ask the courts for an injunction to stop improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages.

Ensure your company's security with our non-compete agreement template. A non-compete agreement is a formal agreement between an employer and an employee that the employee will not engage in any employment activities that are in conflict or competition with their primary job.

The answer is: A non-compete agreement IS enforceable in Texas if it is supported by valid consideration, and is reasonable in time, geographic scope, and activities to be restrained. A Texas employer can utilize a non compete agreement to protect company goodwill and confidential information.

Drafting an Enforceable Noncompete Agreement What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.

Confidentiality agreements can either protect both parties and so both parties are agreeing not to disclose or use each other's confidential information. In contrast, non-compete agreements are almost always one-sided agreements. Usually, one party (the employer) requires the other party not to compete.

Confidentiality and Non-Solicit Agreements Absent such agreements, the business likely loses the protection of state and federal trade secret laws and cannot protect non-trade secret information that it considers confidential. And confidentiality agreements are generally presumed enforceable.

There is no rule in Texas stating that if an employee is terminated, rather than quits, a noncompete agreement that he signed goes away. The reason for this is simple: the consideration for the noncompete isn't mere employment. If a noncompete is enforceable, it's not so because the employer hired the employee.

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

1. There must first, in every instance, be a separate enforceable agreement beyond the noncompete restriction itself. In other words, a standalone noncompete procured in return for a sum of money or other compensation is simply void as against Texas public policy. That is a naked restraint that will not be enforced.

While Texas courts generally disfavor non-compete agreements, they will enforce a non-compete covenant if it is executed for valid consideration, contains reasonable geographic, temporal, and activity restrictions, and protects the employer's legitimate business interests.

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Buy-sell agreements among owners; joint ventures; and the sale, merger, and purchase of medical practices.

Bexar Texas Sample Noncompete and Confidentiality Clauses

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