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

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.