Houston, TX employment law attorney Gregg M. Rosenberg explains his approach to challenging a noncompetition agreement. He notes that many people come to him when they are considering a new job while still bound by an existing non-competition agreement. He emphasizes that the safest approach is to have the agreement reviewed by an experienced attorney. He reviews these agreements frequently, providing this service at a reasonable cost, and he helps clients compare the duties of their current job with those of the position they intend to pursue.

He stresses the importance of a thorough evaluation, explaining clearly which aspects of the non-compete are problematic, potentially problematic, or not an issue at all.

His most important advice for anyone moving from one job to another is to be candid and direct with the prospective employer. If the new employer truly values the candidate, they should agree to indemnify and defend the employee against any legal claims or attorney’s fees that might arise from the former employer. He warns clients bluntly that if the prospective employer is unwilling to provide that protection, the move is not worth the risk.