Johnson & Associates Achieves Dismissal of Federal Employment Law Case

HOUSTON, TEXAS (April 10, 2019) —Johnson & Associates represented four individuals and the company they started from claims by their former employer alleging breach of non-compete agreements and violations of restrictive covenants. Attorneys Christopher Johnson and Morgan Jenkins moved to dismiss the case on the grounds that the non-compete agreements were not enforceable for lack of a temporal limitation required by Texas law. In dismissing Plaintiff’s claims, the Southern District of Texas answered an open question in Texas non-compete law by finding that it was only empowered by statute to reform existing terms in the agreement. The Court stated “[w]here the Agreement lacks a critical term, such as a time limitation, placing a time limitation in the Agreement is to rewrite the Agreement.

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