1400 Gables Ct #103 Plano, TX 75075
5601 Bridge Street, #300, Ft. Worth, TX 76112

A Primer on Preparing for Non-Compete Litigation: Part 3 in a Series

Third Step:

What your attorney will do with the material you have provided to him is to thoroughly sift through and analyze each employment agreement, stock option or other employment benefit, stand-alone non-compete covenants, non-solicitation, and trade secret protection agreements (sometimes buried in Non Disclosure Agreements a/k/a “NDA” ‘s), or invention or work-for-hire agreements. His job will be to synthesize all such agreements in toto to see if, together or separately, they provide the necessary legal consideration to support reasonable restrictions on the right of an individual to work for any one that he or she chooses. He may well involve you in this process, particularly if the documents present an ambiguous or confusing picture on the sequence of events during your former employee’s tenure. It is not uncommon, in the hurried pace of small business, to discover undated or partially signed documents, agreements with missing or partially legible pages, missing originals, or even documents which have vanished altogether. While these are never the optimal situation from an evidentiary point of view, they need to be confronted early, well before a litigation decision is made or a strategy laid out. Your involvement with your attorney at this stage will help fill in the gaps in the evidentiary record and resolve any apparent factual conflicts or ambiguities.

Join us next week for Part 4 of the series

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Armstrong The Law Firm, P.C.
Plano Location
1400 Gables Ct #103
Plano, TX 75075

Fort Worth Location (By Appointment Only)
5601 Bridge Street, Ste. 300
Ft. Worth, Texas 76112

Phone: (972) 424-5297