What Does “Ancillary To An Otherwise Enforceable Agreement” Mean Under Texas Law? (Part IV)

We are blogging on “Non-competes, Trade Secrets, Fiduciary Duties, and the Inevitable Disclosure Doctrine.” Mark Oberti has prepared a detailed paper on all of these issues, which can be found here.

The mere fact that an employee is employed at-will does not invalidate a noncompetition agreement under Texas law. See Jon Scott Salon, Inc. v. Garcia, 343 S.W.3d 532, 535 (Tex. App.–Dallas 2011, no pet.) (“Because Sheshunoff specifically states a covenant not to compete made part of an employment at-will agreement may be enforceable, the trial court in this case erred in concluding otherwise.”).

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