texas non-compete
Is a non-compete enforceable if it doesn&#39;t mention a geographical area?
<p>I left a job in Phoenix Arizona and am currently in Houston, Texas.</p>
<p>The noncompete I signed at the previous job was detailed in the scope of a time period (2yrs) and that I couldn't own or manage a substantially similar business, and also had some specific details around not poaching any of their clients.</p>
<p>Anyways, the non compete doesn't reference a geographical scope / area for the non compete to be limited to in any way.</p>
<p>I read the below, which notes the limitations of a noncompete in texas, and it explicitly states that it's enforceable <strong>when limited to a geographical area</strong>...</p>
<blockquote>
<p>In 1989, the Texas legislature enacted section 15.50 of the Texas Business and Commerce Code.  Section 15.50(a) states:</p>
<p>[A] covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it <strong>contains limitations</strong> as to time, <strong>geographical area</strong>, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee.</p>
</blockquote>
<p>Would the absence of this limitation render the non-compete unenforceable?</p>

<p>What you're looking at there in the Code is the classic trinity for the protection of the legitimate business interests which are protectable by a restrictive covenant: 
1. scope of the restriction
2. time of the the restriction
3. geographical scope of the restriction.</p>

<p>As a general principle of law, restrictive covenants may only protect the legitimate business interests of the employer, <em>and go no further</em>.</p>

<p>If you got a job here in the UK, that would be caught by the restrictive covenant described in your question.</p>

<p>Now, I ask you respectfully: is that within the legitimate business interests of your former employer? </p>

<p>It can't be, because you could be no possible threat to their legitimate business interests. </p>

<p>Unless of course, you worked for an intergalactic company like IBM - but even then it would be tough, tough ask.</p>

<p>It's therefore almost certainly unenforceable. </p>
