Agreements that restrict the occupational mobility of former workers or limit their demand to clients and workers of former employers are trade restrictions and are subject to the law [i.e.dem Texas Covenants Not to Compete Act]. Non-competition clauses are generally only applicable in exceptional cases, as they are generally considered to be too restrictive. Non-compliance clauses are preferable because they can generally provide the protection an employer needs without infringing on a worker`s rights. A non-invitation is easier to impose, as it is written, than a non-competition clause. But non-requests are difficult questions of evidence – because a complainant must prove that the employee asked someone who is subject to the non-application. Under Georgian law, the simple response of an interested client is usually not an invitation. [6] This presentation often involves information outside of a complainant`s possession – often emails or texts sent to clients. In practice, clients of an applicant who can be successfully applied cannot report the application to the applicant and an applicant can only be notified of non-success of the applications. While the difference between a non-invitation and a non-competition clause may seem simple, the line can sometimes be blurred.
The Ontario Court of Appeal recently considered this line blurring. But there is another way to achieve the same result. Despite the clear language of the statute, which requires reasonable restrictions on “geographic area,” some Texas courts have said that a limitation on the scope of a non-compete clause – such as limiting the employee`s clients – can be used instead of a geographical limitation. [4] [3] The Court of Appeal justified this decision on the fact that, in the course of the appeal proceedings, the worker had complained only of the non-competition provision, but that the injunction did not impose the non-competition requirement, so that the worker`s complaint was not a means of reconsidering the appeal. Id. The limitation of competition and non-tender agreements determines whether the contract is being applied in court. A non-compete agreement prevents a former employee from confronting a former employer for a certain period of time. For example, if the worker had worked in a pharmaceutical company, a non-compete agreement would prevent him from working in the pharmaceutical industry.