Are non-compete agreements enforceable in Texas?

Yes, when they meet the requirements of Texas Business and Commerce Code § 15.50: the clause must be tied to an enforceable agreement, supported by consideration like confidential information or training, and reasonable in time, territory and scope. Texas courts can narrow an overbroad clause instead of voiding it. The federal FTC rule that tried to ban most non-competes was blocked in 2024, so Texas law still controls for El Paso workers.

How long can a non-compete last in Texas?

There is no fixed limit in the statute, but Texas courts have generally treated one to two years as reasonable for most employees and have cut back longer periods. The duration must match the employer's legitimate interest, such as how long the confidential information stays valuable. For physicians and certain healthcare workers, recent amendments cap the period at one year. We evaluate the duration alongside the geographic and activity limits, because all three work together.

Can my employer stop me from working in Las Cruces or Ciudad Juárez?

Only if the geographic restriction is reasonable and the employer actually did business there. Many El Paso non-competes use a mileage radius that sweeps in southern New Mexico and even Mexico. A Texas court will generally limit enforcement to the area where you worked or where the employer has customers. Enforcing a Texas non-compete across the border raises additional practical and legal hurdles, but do not assume it is impossible; get the clause reviewed first.

Do I have to go to court over a non-compete?

Not for a review, and usually not at all. Our non-compete review and any negotiation or letter response are handled entirely from our El Paso office without a court appearance. Court only becomes an issue if a former employer files suit for an injunction, which is why we recommend getting an opinion and, if needed, a written release before you start the new job rather than after a dispute begins.

What if I never received the confidential information or training the non-compete promised?

That can matter a great deal. Texas courts have held that an employer's promise to provide confidential information can support a non-compete once the information is actually provided. If you worked in a role with no real access to trade secrets, pricing strategy or customer data, the consideration may be missing and the clause may not be enforceable. We ask detailed questions about what you actually received on the job before giving our opinion.

Non-Compete Review Lawyer El Paso

Non-Compete Review in El Paso: Find Out What Your Agreement Really Stops You From Doing

We measure your non-compete against Texas Business and Commerce Code § 15.50, tell you whether it is likely enforceable in El Paso, and help you sign, leave or negotiate with a clear plan. Flat fee, no court.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

Non-compete clauses show up everywhere in El Paso now: in offer letters for medical sales reps, in physician and dental associate contracts, in call center and IT employment agreements, in commission plans for insurance and real estate agents, and in contracts with federal contractors and logistics firms serving Fort Bliss and the ports of entry. Most people sign without reading, then discover the clause when a better job appears across town or in Las Cruces. A non-compete review answers the two questions that matter: is this enforceable under Texas law, and what can I actually do next?

Texas enforces non-competes, but only within limits. Under Texas Business and Commerce Code § 15.50, a covenant not to compete must be ancillary to an otherwise enforceable agreement, supported by real consideration such as confidential information or specialized training, and reasonable in time, geographic area and scope of activity. Section 15.51 lets a court reform an overbroad clause rather than throw it out, so a bad clause is rarely a free pass. Physician non-competes have special rules in § 15.50(b), including a mandatory buyout option, and 2025 amendments added limits for other licensed healthcare workers. Whether the employer must actually provide the promised consideration is often the deciding factor.

Navar Law reviews the non-compete together with the surrounding employment agreement, confidentiality terms and any non-solicitation clause, then gives you a written opinion on enforceability and a practical plan. If you have a new offer in hand, we can draft a response to a cease and desist letter or negotiate a release or carve-out with your former employer. If you are about to sign, we propose narrower language. This is document work handled entirely from our office; no court appearance is involved. Guessing wrong is expensive because a non-compete lawsuit, even a weak one, can cost a new job, so it pays to know your position before you act.

What makes a non-compete enforceable or unenforceable in Texas

Courts look first at consideration. An at-will employee who signs a non-compete must receive something in return that gives rise to the employer's interest in restraining competition, most often confidential information or specialized training that is actually delivered. A promise of confidential information that the employer never shares can leave the clause unsupported. Next, the restriction must be reasonable: a duration of one to two years, a territory tied to where you actually worked, and a scope limited to the kind of work you did. A clause barring all employment in any industry across the entire United States is a red flag.

El Paso presents unique geography issues. A 50-mile radius around a downtown office reaches into New Mexico and, on paper, into Ciudad Juárez. Texas courts can only reform and enforce a covenant within reason, and a former employer has a harder case when the restricted area covers markets it never served. We also check whether the agreement selects another state's law or courts, which happens often with national employers headquartered elsewhere, because that can change the analysis completely.

Common mistakes El Paso employees make with non-competes

The most damaging mistake is taking client lists, pricing files or emails on the way out. Even if the non-compete itself is weak, that conduct creates a separate trade-secret claim under the Texas Uniform Trade Secrets Act that is far easier for the employer to win. The second is assuming the clause is unenforceable because a coworker said so; each agreement and each job is different. The third is ignoring a cease and desist letter, which often leads to a lawsuit against both you and your new employer. Get a review before you resign, respond in writing through counsel, and keep every communication professional.

What's included

Review of the non-compete, non-solicit and confidentiality clauses and the full employment agreement
Written enforceability opinion under Texas Business and Commerce Code §§ 15.50–15.52
Analysis of consideration, duration, geography and scope as applied to your El Paso job
Plain-English list of what you can and cannot do at a new employer
Proposed narrower language if you have not yet signed
Phone or Zoom consultation to plan your resignation or job transition
Optional response to a cease and desist letter or release negotiation, quoted separately

How it works

Send the agreement and tell us your situation

Email us the signed agreement, the offer letter and any handbook it references, and tell us whether you are about to sign, planning to leave, or already received a letter from the employer.

Written enforceability opinion

Within three business days you receive a written analysis of each restriction, how a Texas court would likely treat it, and a practical do-and-do-not list for your next job in El Paso or beyond.

Act with a plan

We help you negotiate narrower terms before signing, request a written release when leaving, or respond to a cease and desist letter so the matter stays out of court whenever possible.