Employment and Independent Contractor Agreements

Hiring employees and engaging independent contractors both call for agreements that set expectations and protect the business.

Clear contracts define responsibilities, protect confidential information and reduce the risk of a dispute when the relationship ends. We draft agreements that fit how each company hires and works.

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Agreements We Draft

Employment Agreements

Role, compensation, benefits, intellectual property and termination terms for key hires.

Independent Contractor Agreements

Project scope, payment, intellectual property ownership and confidentiality.

Non-compete and Non-solicitation Agreements

Restrictions written to meet the Texas requirements for enforceability.

Confidentiality Provisions

Protection for trade secrets and sensitive business information, whether in a separate agreement or within a broader one.

Points to Get Right

Worker Classification

Contractor agreements that match how the work is actually done.

Intellectual Property Ownership

Written assignments so the company owns what employees and contractors create.

Restrictive Covenants

Reasonable limits on time, territory and activity that a court is more likely to enforce.

Ending the Relationship

Notice, final pay and return-of-property terms that reduce the chance of a dispute.

Our article on the FTC noncompete rule explains the federal rule that a court set aside and the FTC has since withdrawn. Texas law still governs non-competes.

Frequently Asked Questions

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Are non-competes enforceable in Texas?

Yes, when they meet the requirements of Texas law. A non-compete must be part of an otherwise enforceable agreement and be reasonable in time, geographic area and scope of activity, and courts can narrow a covenant that goes too far. Physicians and some other professions face additional requirements.

What makes someone an independent contractor rather than an employee?

It depends mainly on how much control the company has over how the work is done, not on what the contract calls the relationship. The IRS, the U.S. Department of Labor and Texas agencies each apply their own tests. A well-drafted contractor agreement helps, but the working relationship has to match it.

Who owns work created by an employee or contractor?

Work an employee creates within the scope of the job generally belongs to the employer. Work created by an independent contractor may belong to the contractor unless the agreement assigns it to the company in writing, which is why contractor agreements should include a clear assignment of intellectual property.

Do employees in Texas need a written employment agreement?

No. Most Texas employment is at will, and many employees have only an offer letter. Written agreements are most useful for executives, key employees and roles that involve confidential information, equity or restrictive covenants.

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