A non-solicitation agreement in Texas is a contractual agreement between an employer and an employee that prohibits the employee from soliciting the employer’s customers or clients after the employee leaves the company. This agreement is a crucial tool for employers to protect their business interests and prevent former employees from taking away their customers.

The non-solicitation agreement is a legal document that outlines the terms and conditions of the agreement between the employer and the employee. It is important to note that a non-solicitation agreement is not the same as a non-compete agreement. A non-compete agreement prohibits an employee from working for a competitor for a certain period of time after leaving the company. A non-solicitation agreement, on the other hand, only prohibits the employee from soliciting the employer’s customers or clients.

In Texas, non-solicitation agreements are enforceable by law, but there are limitations on what can be included in the agreement. For example, a non-solicitation agreement cannot be used to prohibit an employee from engaging in a lawful profession, trade, or business. Additionally, the agreement must be reasonable in scope, duration, and geographic area.

The scope of the non-solicitation agreement should be limited to the employer’s customers or clients with whom the employee had direct or indirect contact during their employment. The duration of the agreement should be reasonable and not overly burdensome on the employee. The geographic area should be specific and limited to the areas where the employer conducts business.

Another key consideration when drafting a non-solicitation agreement in Texas is the definition of “solicitation.” The agreement should define what activities are prohibited, such as contacting former customers or clients, marketing products or services to them, or encouraging them to cease doing business with the employer.

In conclusion, a non-solicitation agreement in Texas is a valuable tool for employers to protect their business interests and prevent former employees from taking away their customers. However, it is important to draft the agreement carefully, ensuring that it is reasonable in scope, duration, and geographic area and that it complies with Texas law. Employers should consult with legal counsel to ensure that their non-solicitation agreements are enforceable.