Houston, TX employment law attorney Gregg M. Rosenberg shares his advice for someone who signed a noncompetition agreement but wants to move to a new job. He explains that his approach to handling non-competition cases depends largely on the stage of the matter. If he believes a claim is imminent and his client agrees, he typically begins by proactively filing a declaratory judgment action. This allows him to get ahead of any potential counterclaims and present to the judge that his client took the initiative. In this action, he can argue why the non-competition agreement is unenforceable or invalid, whether due to improper forum clauses, overbroad restrictions, or other legal reasons. He considers this proactive step best practice because it demonstrates to the court that his client is acting responsibly and preemptively.

On the other hand, when a client has already been sued, he recognizes that the opposing party often has greater resources. In those situations, he counsels his clients on what is reasonable and negotiable, and he attempts to reach a resolution with the other side. He emphasizes that these cases can become costly quickly, but experience and professional relationships often make negotiation, mediation, or a business-focused discussion effective in resolving the matter early.

He notes that most non-competition disputes have a critical period leading up to the temporary injunction hearing—typically four to five weeks—where the bulk of attorneys’ fees and effort are concentrated. He advises his clients to use that time strategically, aiming to resolve the dispute efficiently. He humorously reminds clients that while money can’t be made in his office, his goal is to get them out of the legal battle quickly and effectively, and in many cases, that approach works.