What must a party demonstrate to enforce a non-compete clause?

To enforce a non-compete clause, a party must demonstrate that the clause is reasonable in terms of time, scope, and geography. Texas law mandates that for a non-compete agreement to be enforceable, it must not impose an undue burden on the individual's ability to earn a living while also protecting the legitimate business interests of the employer.

This means that the duration of the restriction must be limited to a reasonable period; the geographical area covered should be appropriate for the nature of the business; and the scope of prohibited activities must not be overly broad. If the non-compete clause is found to be excessively restrictive, it may be deemed unenforceable in a court of law.

The other options do not align with the legal requirements for enforcing a non-compete clause under Texas law. Notarization, verbal agreements, and publication in legal documents are not necessary elements for enforceability. Instead, the emphasis is on the balance between the employer’s interests and the employee’s right to work, which is encapsulated in the reasonableness of the clause.