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Question

How do I enforce a non-compete against a former employee?

My ex-employee signed a non-compete but started a competing agency nearby—can I just send a letter or do I need a lawyer?

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Answer

Enforcing a non-compete can be tough because state laws vary widely. These agreements are meant to protect your business’s real interests—like customer lists, trade secrets, or specialized training—not just to keep someone from earning a living.

Courts usually check if the agreement is reasonable in three ways:

  • Duration: Is the restriction short and specific? Very long or indefinite limits often don’t hold up.
  • Location: Does it only cover the area where your business operates? If it’s too broad, it may be invalid.
  • Scope of work: Does it only block direct competition, or all work in the industry? Narrower limits are more likely to be enforced.

Some states, like California, ban most non-competes entirely. In others, courts may either throw out an overly broad agreement or narrow it. Because enforcement rules vary so much, many employers instead use Non-Disclosure Agreements (NDAs), Non-Solicitation Agreements, or other confidentiality clauses in their employment or contractor contracts. These are often easier to enforce and can still protect valuable business information like client lists and trade secrets.

Sometimes, sending a letter on your own is enough. But if the employee resists or your state has strict limits, you may want a Legal Pro to review the agreement and share more information about your options.

What to consider in your specific situation

Your ability to enforce a non-compete may depend on:

  • The exact wording of the agreement (time, scope, geography).
  • State laws, since some ban or limit non-competes.
  • Whether your ex-employee’s new work truly competes with yours.
  • The value of what you’re protecting (client lists, training, trade secrets).
  • Your prior dealings with the employee.
  • The impact on your revenue or clients.

Because every case is different, you can use Rocket Copilot to get legal information about your situation or request a Legal Pro review.

Published on 11/07/2025Written by Rocket Lawyer editorial staffReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

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Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.