Employment Litigation
Employment Practice and Defense
Enforceability requires a protectable interest, reasonable scope in time and territory, and consistency with public policy. Several states prohibit non-competes for most employees or void them entirely.
Consideration requirements vary for existing employees.
Alternative Names:
Noncompete, Covenant Not to Compete
Why it Matters?
The enforceability landscape has shifted substantially, with several states banning non-competes below income thresholds or entirely and federal regulatory activity adding uncertainty. Blue-pencil availability determines whether an overbroad agreement is narrowed or voided, which is a critical drafting consideration. Non-solicitation and confidentiality provisions frequently survive where a non-compete does not, which makes layered restrictive covenants the practical approach.
Frequently Confused with
Related terms
Frequently asked questions
Are non-competes enforceable everywhere?
What is the practical drafting approach?
