Startup trying to poach my employee - is their non-compete enforceable?

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.

Illustrative scenario prepared by my practice.

For informational purposes only. Non-compete enforceability varies significantly by state.

Hypothetical question

I run a B2B SaaS company in Texas (15 employees). Our head of sales just gave notice - she's leaving to join a direct competitor that just raised a Series A. She signed a 2-year non-compete when we hired her 18 months ago.

The non-compete says she can't work for any competing software company within the US for 2 years. She's literally going to our biggest competitor. They know she has a non-compete because she told them.

Can I actually enforce this? What are my options?

Illustrative response

I'd recommend a three-step approach:

Immediate: Send a cease and desist to her and the new employer, citing both the non-compete and NDA
Within 7 days: If they don't back down, file for a temporary restraining order and preliminary injunction
Ongoing: Conduct exit interview, collect all company property, revoke system access immediately

The NDA claim might actually be stronger than the non-compete. Focus on the confidential information she has access to.

Illustrative response

Thanks for sharing. Dealing with something similar myself.

Illustrative response

Did you get anything in writing from HR? That's usually key evidence.

Startup trying to poach my employee - is their non-compete enforceable?

Related Resources