Enforcing a non-compete agreement is not always an all-or-nothing decision. In Texas,
a court has the ability to modify – or even nullify – the non-compete if the court
determines that it is not reasonable. The courts are given wide latitude to reform
a non-compete if the court believes the scope of activity, duration, or geographic
area are too restrictive.
Courts also have the power to order a person or entity seeking to enforce the non-compete
to pay the other side's legal fees if the court finds that an employer knew the
non-compete
was overly broad and still sought to enforce it.