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Restrictive Covenant Enforceability

Restrictive covenants can affect hiring, employee departures, confidential information, and business relationships. I help Texas employers review and draft noncompetition, nonsolicitation, and confidentiality provisions in the context of the employee’s role and the business interests involved.
The appropriate terms and their potential enforceability depend on the agreement, the circumstances, and applicable law. I provide practical advice before new terms are presented or a significant employment decision is made.

Dan M.
4 reviews

Ms. Mijares is an excellent attorney. She helped me with my work contract, addressed my issues and concerns, and did it in a timely manner. She was very thorough. I would highly recommend her.

Dan M.

4 reviews

Ms. Mijares is an excellent attorney. She helped me with my work contract, addressed my issues and concerns, and did it in a timely manner. She was very thorough. I would highly recommend her.

Agreements and Terms I Review

I review restrictions as part of the full agreement and consider how they interact with other employment documents.

  • Noncompetition provisions and the activities they address
  • Customer, employee, and other nonsolicitation provisions
  • Confidentiality, trade-secret, and return-of-information obligations
  • Duration, geographic scope, covered relationships, and exceptions
  • Employment, incentive, equity, and separation agreements containing overlapping terms
  • Notice, remedies, forum, and other provisions that may affect a dispute

The review focuses on the wording, the business purpose, and the practical consequences of the proposed restrictions.

Practical Advice Before Hiring or Departure

I can help employers develop an approach suited to the situation rather than relying on the same restrictions for every employee.

  • Review existing agreements and identify terms needing clarification
  • Draft proposed provisions suited to the role and business
  • Evaluate restrictions affecting a prospective hire
  • Plan departure communications and return-of-property steps
  • Assess questions about a former employee’s continuing obligations
  • Explain options and when additional dispute counsel may be needed

No agreement guarantees a particular enforcement outcome. Early review can help the business understand the issues before acting.
Request a consultation about restrictive covenants.

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My Work Through Their Words

Dan M.

4 reviews

3 years ago

Ms. Mijares is an excellent attorney. She helped me with my work contract, addressed my issues and concerns, and did it in a timely manner. She was very thorough. I would highly recommend her.

Vernon G.

8 reviews

2 years ago

I worked with Kristin regarding two separate agreements and was very happy with the guidance and advice she gave me. Her legal advice was sound, insightful and helpful.

Bonnie P.

3 reviews

2 years ago

Kristin did a great job in helping me understand a very complicated legal issue. She also advised me, beyond the scope of the issue, on business law matters in general. I would recommend her to anyone facing a confusing legal problem with their business.

Joseph G

1 review

2 years ago

I've worked with Kristin on a few issues as a business owner and could not be happier with her ethics, her insight and her help.

Cindy G.

7 reviews

2 years ago

I highly recommend Kristin to anyone facing challenges at work. Her expertise, dedication, and ability to resolve my situation through a successful outcome were truly impressive. If you're dealing with legal issues in your workplace, her guidance can make a significant difference in achieving a fair and positive resolution.

Selected Prior Matters

Oil & Gas Executive

A company executive had to take several days of medical leave after his son suddenly fell ill. However, while on leave, his company suddenly fired him, claiming his work had recently been sub-par. The company’s excuse that they had not illegally infringed on his protected medical leave did not hold water, and it chose to instead offer a settlement not long after the case was filed.

Human Resources/Service Industry

A store clerk needed several weeks of medical leave after she suffered complications following a routine surgery. When she was due to return to work, her employer fired her, alleging she had failed to submit the required paperwork to ensure her medical leave was “protected.” Kristin Mijares filed suit for retaliation and wrongful termination and negotiated a substantial settlement for the clerk’s damages and emotional distress.

Business Counseling

Kristin Mijares counseled a prominent Dallas physician’s group on how to handle problem employees, complaints of discrimination or harassment, partnership disputes, terminations, or discipline. Ms. Mijares also drafted personnel handbooks, employment agreements, separation agreements and restrictive covenants. In addition, she handled the group’s employment defense negotiations and litigation and offered litigation support to in-house counsel.

Your Priorities, My Focus

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Get in touch

972-914-3626
5956 Sherry Lane, 20th Floor Dallas, TX 75225