Over time, unlimited competition restrictions are clearly illegal. It is not possible to give a certain number of months or years of courts as an appropriate duration for non-competition agreements. It depends on the sector in which the company is located, the role of the employee in the company, the market in which the company operates and other factors. Non-competition prohibitions do not necessarily have to be specified, but in the current circumstances, the courts will only enforce these agreements for a reasonable period of time. Historically, Texas public policies have advocated the promotion of competition for businesses and have weighed on the employer to show that the non-compete clause is necessary. However, recent court decisions have largely interpreted legal language to support the application of non-competition agreements. As we discussed at length in our previous intervention on non-competition agreements, there are some difficulties in determining the applicability of non-competition agreements. Enforceable force is a two-part investigation (1) if there is an “otherwise enforceable agreement” between the parties and (2) if “Confederation is an ancillary agreement or part of that agreement.” See Marsh USA Inc. v. Cook, 354 S.W.3d 764, 773 (Tex.
2011) (internal quotes omitted). Finally, the employer argued that its agreement to grant a 90-day dismissal without cause was sufficient to enforce the non-competition regime. However, the Tribunal found that the 90-day termination did not justify the need for a non-competition obligation, so that the termination provision did not meet the obligation to propose the non-compete obligation to an existing and otherwise applicable agreement. [Strickland v. Medtronic (Dallas Court of Appeals, 2003).] To ensure that Texas courts were not competitive, The Texas courts recognized three broad categories of acceptable considerations: “As short was Lucernex`s principal solution engineer, he now has an “intimate knowledge of all the functions of the Luzernx product”. Short is familiar with Lucernex`s new software and its roadmap for future product development.