DeSantis v. Wackenhut Corp
In DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 33 Tex. Sup. Ct. J. 517 (Tex. 1990), the supreme court held that the issue of whether non-compete agreements are reasonable restraints upon employees in this state is a matter of Texas public policy and that this policy is fundamental because it ensures a uniform rule for enforcement of such agreements in this state. Id. at 680-81.
Because the enforcement of non-compete agreements involves a fundamental Texas policy and because applying another state's law would be contrary to that policy under the circumstances of the case, the DeSantis court held that Texas law must apply. Id. at 681.