Law Commons^™

The Uncertain Status Of Post-Employment Non-Compete Covenants In Texas, Jon H. Sylvester

Publications

A post-employment non-compete covenant is an agreement by an employee that, after termination of employment he or she will not compete with his or her former employer-usually within a specified geographic area and for a specified period of time. Such covenants are standard parts of many employment contracts.

Under the long standing common law of contracts, non-compete covenants are generally suspect as restraints of trade. Post-employment non-compete covenants also bear a strong presumption of unfairness because of the superior bargaining power almost invariably wielded by the employer. Nevertheless most jurisdictions, including Texas, have traditionally enforced post-employment non-compete covenants within the …

Safeguarding Employment For U.S. Workers: Do Undocumenteds Take Away Jobs?, Stephen A. Rosenbaum

Publications

For more than five years, the Immigration and Naturalization Service (hereinafter, INS) has been stymied in its efforts to implement a rule prohibiting aliens from working while out on bond pending deportation or exclusion. Like defendants awaiting trial in the criminal justice system, aliens charged with violating U.S. immigration laws are typically allowed to post bond pending a hearing on the merits. The U.S. Attorney General has the authority to prescribe conditions governing an alien's release under bond, a period that could take a year or more. From 1973 to 1983, INS regulations authorized District Directors, with approval from the …