What Discovery Can Be Conducted Before a Temporary Injunction
Texas law permits an employer to seek a temporary injunction order that forbids the former employee from competing with the employer until trial.
If an employee subject to a non-compete agreement leaves an employer to work for a competing business, the employer can sue the employee for breach of contract. But, by the time the case could be tried to a jury, any damage to the employer’s business relationships would have already been done and any loss of the employer’s proprietary information would have already occurred. Therefore, Texas law permits an employer to seek a temporary injunction order that forbids the former employee from competing with the employer until trial.
A hearing on a temporary injunction is typically held just days or weeks after a case is filed. To enable the attorneys to prepare for this hearing, a court usually allows limited discovery to be conducted before the hearing. For example, the court might allow each party to depose one witness and to serve ten written discovery requests. The court might further limit the parties by setting boundaries on the topics to be discussed at the depositions and the scope of the documents to be requested. In most cases, the attorneys will be able to depose the departing employee and a company representative. They will also be able to review relevant documents, including those stored electronically. In some cases, they may be able to inspect laptop computers, hard-drives, and electronic storage devices.
For more information about non-compete litigation, contact Dallas non-compete lawyer Keith Clouse and the Dallas employment lawyers at his firm, Clouse Dunn LLP, via email at email@example.com or telephone at 214 220 3888.