Court decision highlights why HR must show real harm to enforce non-compete agreements
A*Med’s court fight over a former employee’s alleged breach of confidentiality and non-compete agreements ended with no damages and no permanent injunction.
On October 30, 2025, the Texas Court of Appeals for the First District affirmed a trial court’s decision in the dispute between A*Med Management, Inc. and its former employee, Eutiva Thomas. The case highlights the challenges employers face in enforcing post-employment restrictions and the importance of evidence when seeking legal remedies.
A*Med, a home healthcare services provider, hired Thomas in 2010. In 2019, Thomas signed a confidentiality agreement that required her not to disclose confidential information, mainly referral sources, during and after her employment. After Thomas resigned and joined Providence Home Health Services, Inc., A*Med filed suit, alleging that she breached non-compete, non-solicitation, and confidentiality agreements and misappropriated trade secrets. The company sought over $1 million in damages and both temporary and permanent injunctions.
A*Med initially obtained a temporary injunction, which was upheld on appeal. Three years later, the case went to trial. The jury found that Thomas failed to comply with the confidentiality agreement and misappropriated trade secrets. However, the jury awarded A*Med zero dollars in damages. The jury did award A*Med $310,107 in attorney’s fees, but the trial court...
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