What makes a non-compete agreement enforceable in Texas?
In Texas, in order to make a non-compete enforceable, it has to meet certain elements and first of all, it has to be ancillary to an otherwise enforceable agreement. Then it has to be reasonable in the scope of activity that's restricted. Then you look at the geographic radius and that geographic radius has to be reasonable, and then the time period that the non-compete is going to be effective has to be a reasonable time period. Now with respect to physicians in Texas, there are actually additional requirements that have to be included in a non-compete for it to be enforceable for a physician, there has to be language that provides that they will have access to the list of patients that they've treated. It cannot interfere with their ability to treat a patient during an acute illness, and there has to be a provision for a buyout.
By
Hendershot Cowart P.C.
