It depends. The first question to ask is when was this non-compete agreement signed?Non-Compete Agreement • February 5th, 2015
Contract Type FiledFebruary 5th, 2015For non-competes signed after July 21, 2015, two years is statutorily presumed to be a reasonable duration for a restriction to be enforceable. This is not absolute, however, as this general rule can be different where the facts and circumstances of a particular case clearly demonstrate that two years is unreasonable compared to the employer’s protectable business interest. Thus, the ability to enforce a non-compete provision depends in part on the particulars of what is being protected. Employers cannot blindly rely on the two year number as a magic number, and we routinely help client make sure that a restriction is tailored to the needs of the employer.