Free Non-Compete Agreement Review

Non-compete agreements can significantly restrict your career and earning potential. Understanding what you are agreeing to before signing is critical. Many non-competes are overly broad and may not even be enforceable in your jurisdiction.

What Is This Contract?

A non-compete agreement (also called a covenant not to compete or CNC) is a contract clause that restricts an individual from working for competitors or starting a competing business for a specified period after leaving an engagement. They are common in employment, consulting, and business sale contexts.

Red Flags to Watch For

Excessive duration (over 12 months)

Non-competes lasting more than 12 months are increasingly difficult to enforce and can severely limit your career options.

Overly broad geographic scope

A non-compete covering the entire country or world is likely unenforceable and unreasonable for most roles.

Vague definition of competing business

If 'competition' is not specifically defined, it could be interpreted to cover a wide range of unrelated work.

No compensation during the restriction period

Some jurisdictions require that the employer provide compensation during the non-compete period. Without it, the clause may be unenforceable.

Applies to independent contractors

Non-competes for independent contractors are heavily scrutinized and often unenforceable. They are most appropriate for employees with access to trade secrets.

What to Look For

Duration limited to 6-12 months maximum
Geographic scope limited to your actual market area
Specific definition of what constitutes competing work
Garden leave or compensation during the restriction period
Carve-outs for pre-existing clients and general skills
Enforceability in your jurisdiction (some states ban non-competes)
Whether the restriction survives termination for cause by the employer

Frequently Asked Questions

Are non-competes enforceable?

Enforceability varies by jurisdiction. California, Oklahoma, North Dakota, and Minnesota have banned most non-competes. Other states enforce them if they are reasonable in scope, duration, and geography. The FTC has also proposed federal restrictions.

Can I negotiate a non-compete?

Absolutely. You can negotiate the duration, geographic scope, definition of competition, and request compensation during the restriction period. Many employers will agree to modifications.

What happens if I violate a non-compete?

The employer can seek injunctive relief (a court order to stop you), monetary damages, and in some cases, recovery of legal fees. However, enforcement requires the employer to prove the agreement is reasonable and that they suffered actual harm.

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