Are employers allowed to impose non-solicitation clauses in an employment contract?

In Texas, employers are allowed to impose non-solicitation clauses in employment contracts. Non-solicitation clauses are provisions that restrict current and former employees from soliciting current and former customers or employees of the employer. Such clauses are included as part of a contract between the employer and employee to protect an employer’s business interests. Non-solicitation clauses are enforceable in Texas so long as they are reasonable and non-overly broad in scope. For example, a clause restricting an employee from soliciting a current customer of the employer for any other company would be likely enforceable, but a clause which would prevent an employee from being associated with any other business in any capacity could be seen as overly broad and unenforceable by a court. In addition, any non-solicitation clauses must be tailored to the specific position and job duties of the employee in order to be legally binding. Employers should seek legal advice when drafting non-solicitation clauses, as to ensure that a court would deem them reasonable and enforceable. Failing to do so could result in an employer not being able to enforce a clause against an employee, even if it was included in a contract.

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Are employers allowed to impose non-solicitation clauses in an employment contract?

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