The same goes for Merritt Hawkins & Assocs. LLC v. Gresham, 79 F.Supp.3d 625, 641 (N.D. Tex. 2015), held that a non-compete clause applying for permanent and temporary medical staff is not a sectoral exclusion if it does not prohibit the worker from working in “other sectors of the medical personnel or industry”. The Fifth Circuit considered the sector exclusion rule of D`Onofrio v. Vacation Publications, Inc., 888 F.3d 197, 211-12 (cir. 5th cir. 2018), where it inspired Haass and Stroman to a non-competition clause in the travel industry. The court found that the non-compete clause as written was not applicable, as the agreements “constitute a sectoral restriction – preventing former employees from working in a job related to the sale or marketing not only of cruises, but also to a large number of other travel products – and are not limited to geography or customers, with whom former employees actually worked during their employment. » Id. at 212. Even if a non-compete clause is valid under Texas law, this does not mean that an employer who charges for enforcing the agreement automatically takes precedence. An employee bound by a non-competition clause may have several defensive measures.
For example, the impure hands of the employer may be a defense against injunctions. Or an employer seeking an injunction may not have suffered irreparable harm or have an appropriate remedy. The facts of each case must be carefully analyzed. The industry-specific exclusion rule, as described to Haas and Stroman, is incomplete because it does not apply to confidential information. Limiting the non-compete clause to customers with whom the employee has dealt may not be necessary if the employee is likely to use knowledge of the company`s confidential information to compete with other customers. Heroes: A non-compete clause prohibiting workers from competing with their employer wherever the employer carries out business activities (unlike where the workers worked) can be imposed on employees who have had full access to the company`s confidential information. Each state has slightly different non-compete laws, with some states providing robust recognition of these agreements and others limiting their applicability to varying degrees. . .