Business & corporate law

Non-compete agreements: what's actually enforceable in your state

Most non-competes are broader than the law allows. Here's how to tell if yours would actually hold up.

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4 min read

You signed it. That doesn't mean it's enforceable.

Non-compete agreements are everywhere, and most employees sign them without a second look. But enforceability isn't about what the document says — it's about what your state's courts will actually uphold. That gap is bigger than most people expect.

Three things courts actually look at.

Scope.
A non-compete that bans you from "working in the industry" almost anywhere is a red flag. Courts favor agreements narrow enough to protect a real business interest — not broad enough to keep you unemployed.

Duration.
Six months to a year is common and defensible. Anything longer needs a strong justification, and most employers don't have one.

Geography.
The restricted area has to make sense relative to where the business actually operates. A regional company can't enforce a nationwide restriction.

Some states won't enforce them at all.

A handful of states — California among them — treat most non-competes as void regardless of how they're written. If you're unsure where your state falls, that's worth confirming before you assume you're bound by anything.

Not sure if you have a case? That's what the first call is for.

Not sure if you have a case? That's what the first call is for.

Not sure if you have a case? That's what the first call is for.

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