A Texas Employer Can Seek a Temporary Injunction to Prevent a Former Employee from Competing with the Employer Pending Trial

/cdklawyers.com// 02/11/2012

If an employee subject to a non-compete agreement leaves an employer and goes to work for a competing business, the employer can sue the employee for breach of contract. But, as Dallas non-compete attorney Keith Clouse points out, by the time the case could be tried to a jury, any damage to the employer’s goodwill and business relationships would have already been done.


Therefore, Texas permits employers to seek temporary injunctions in these situations. A temporary injunction is a court order that is designed to grant an employer relief when other remedies (such as a trial) are inadequate. It is considered an extraordinary remedy, and the standard to obtain one is high. A plaintiff must prove: (1) a cause of action against the defendant exists; (2) the plaintiff has a probable right to the relief sought; and (3) injury to the plaintiff is probable, imminent, and irreparable if the court does not grant relief. If a plaintiff can prove those elements, a judge may order the defendant to comply with certain restrictions (such as a prohibition on soliciting the employer’s clients) pending trial.


An employer who must sue a former employee over the breach of a non-compete agreement should hire an experienced employment law attorney. To speak to Mr. Clouse or to the Dallas employment lawyers at Clouse Dunn LLP, email [email protected] or call 214 220 3888. 

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Clouse Dunn LLP

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