Under Texas law, a provision prohibiting an individual from soliciting a former employer's employee and independent contractors is treated as a non compete agreement. As a result, these anti-raiding provisions must meet the requirements applicable to non compete covenants generally to be enforceable.
In the absence of an anti-raiding provision, an individual may recruit a former employer's workers, unless such conduct constitutes unfair competition. Unfair competition may include tortiously interfering with a former employer's contractual or business relationships or using the former employer's confidential information or trade secrets to engage in the recruiting activities.
For more information about Texas non compete agreements, please click here.