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Dallas Non-compete Lawyer: Five “Don’ts” When Leaving an Employer

08/04/2013 // Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse

Dallas non-compete lawyer Keith Clouse names five “don’ts” for an employee subject to a non-compete agreement who plans to leave an employer.


1. Take business records. An employee should walk away empty-handed. Taking business records and confidential information not only violates most non-compete agreements, but it may also be considered misappropriation of trade secrets or theft.

2. Solicit clients before the departure date. Even advising clients of the employee’s plans prior to resignation can lead to a claim for breach of the employee’s duty of loyalty.

3. Solicit other employees before the departure date. Asking other employees to join the new venture could lead to a claim that the employee violated the “no-raid” provision of the employee’s non-compete agreement.

4. Speak negatively about the employer. Even if the employee cannot stand the employer, the employee should keep his feelings to himself. Badmouthing the employer could lead to a defamation claim.

5. Fail to consult with a non-compete attorney prior to resignation. If the employee waits until he joins the new employer before speaking to counsel, he may have already made several missteps. Involving non-compete counsel early on can make the transition a smoother one.

To discuss a Texas non-compete issue with Mr. Clouse, contact Clouse Dunn LLP. Send an email to or call (214) 239-2705.

Contact Keith Clouse


Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax)