texas non-compete
Is a non compete clause in an offer letter enforceable in Texas?
<p>Can a company enforce a non compete only mentioned in an offer letter in Texas ?</p>
<p>Suppose that the offer letter made mention of non compete/ non solicitation once: “A 6 month non-compete/solicitation is required.”</p>
<p>Suppose that the employee never signed a proper multi page, countersigned non compete contract. Suppose that the employee signed the one page offer letter, filled out a paper application and agreed to permit a background check company to start their process. On starting work the employee signed 3 manuals (policy, hr manual, etc).</p>
<p>The offer letter itself states it is not a contract of employment rather a document to communicate the job offer to the employee.</p>
<p>Under these circumstances, can the employer, located in Texas, enforce the 6-month non-compete provision?</p>

<p>It is very unlikely that such a sentence (&quot;A 6 month non-compete/solicitation is required&quot;) is enforceable, because it is way too broad. The reasonable interpretation of the sentence is that the employer has thereby put the employee on notice that such an agreement <em>will be</em> required, and the actual terms of that agreement will be spelled out at that time, but that sentence does not constitute an &quot;agreement&quot;. Ad actual agreement has to be supported by consideration, and have a reasonable scope (including place and activities). Texas law disfavors restrictions on job-changing, so an agreement would have to go beyond just saying that &quot;a non-compete is required&quot;. Since the letter asserts that it is <em>not</em> a contract, there is no clear contractual obligation (they can fire you anytime they want, it seems).</p>
