The broader a non-competition agreement is, the more problems there are enforcing it.<\/p>\n
\u201cTypically speaking, if you have a really broad non-competition clause in your employment contract with a worker, the less enforceable it is. If however an employee has access to trade secrets, highly confidential company information and gets paid extra money for the non-compete clause, you have a better chance enforcing it in court,\u201d said Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.<\/p>\n
In order to be able to actually enforce a non-compete agreement, the employer\/company must have a legitimate business interest that needs protecting. This interest needs to be more than just the threat of competition. \u201cIt should include proprietary information about the company and\/or products, the protection of company trade secrets and insider information on competitive positioning. This insider information may give an employee an unfair advantage,\u201d commented Wilburn.<\/p>\n