Question
How long can an employee non-compete or non-solicitation last?
I want to protect my business without making the agreement too long. How many years is legally allowed, and will a court enforce it?
Answer
Federal law may also affect non-competes. The FTC adopted a rule in 2024 banning many employee non-competes.
However, there is no single nationwide time limit for non-compete or non-solicitation clauses. Courts decide based on what is reasonable under state law.
In many states, one to two years may be considered reasonable, but it depends on the employee's role, the industry, and what the employer is trying to protect.
What makes a time limit reasonable?
Courts usually look at three main factors:
- Time period — How long the restriction lasts
- Geographic reach — Where the employee is restricted
- Scope of activity — What work or customer contact is limited.
The restriction must protect a legitimate business interest and not be overly harsh. Some states, like Louisiana, set specific maximum lengths in their statutes.
Are non-competes allowed in every state?
No. Some states, including California, North Dakota, and Oklahoma mostly ban employee non-competes.
In those states, non-solicitation clauses may still be allowed if they are narrow and tied to protecting customers or confidential information.
Because laws vary widely, businesses often keep time limits modest and focused only on what they truly need to protect.
What to do next
- Review your state's laws on non-competes and non-solicitation.
- Limit the duration to what is reasonably necessary.
- Narrow the geographic area and job restrictions.
- Make sure the clause protects a clear business interest.
What to consider in your specific situation
Even though the general principles are similar, the right length for your agreement can vary based on several factors. Your situation may differ because of:
- The specific state laws that apply to your business and employees.
- How your agreement defines its time limits, geographic area, and restricted activities.
- The employee's role, seniority, and access to sensitive information.
- Whether your business relies heavily on customer relationships or trade secrets.
- Prior agreements, amendments, or communications with the employee.
- How much impact a departure could have on your business operations.
A focused, well-structured restriction can give you peace of mind without risking enforceability. Since every situation is different, consider getting more information through Rocket Copilot, or a Legal Pro review.

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.

Need help navigating legalese in a contract?
Scope of work, exclusivity, and relationship clauses rights can be confusing — and getting them wrong can cost you. As a Rocket Lawyer member, you’ll have support at every step:
- Rocket Copilot Q&A for instant legal information
- Ask a Legal Pro for human responses within a business day
- Document insights, Contract Review, and other smart legal tools
Get legal confidence for less than the price of your daily coffee.
Explore more about relationship and scope-related clauses

Explore more about non-compete clauses
A non-compete clause restricts someone from working for a competitor or starting a competing business for a certain time or within a certain area. These questions explain how non-competes work and when they may or may not be enforceable.
- How long can an employee non-compete or non-solicitation last?
- What contract can I use in California to stop client poaching?
- Are non-compete agreements legal where I live?
- What limits come with signing a non-compete?
- Do non-compete agreements work for freelancers and contractors?
- How big can the geographic area be in a non-compete?
- Explore more questions about relationship and scope-related clauses

Explore Rocket Lawyer solutions that can help you move forward
Whether you’re drafting agreements, reviewing contracts, or starting a business, Rocket Lawyer offers expert support to make legal tasks easier and more affordable.
Disclosures
- 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.