Free checker
Assess whether your non-compete agreement is likely enforceable based on your state's laws and the agreement's terms.
Non-compete agreements restrict where and how you can work after leaving a job. They are common in many industries, but enforceability varies dramatically by state and depends on the specific terms of your agreement.
Courts generally evaluate non-competes on three dimensions: duration (how long), geographic scope (how wide), and activity scope (how restrictive). An agreement that is too broad on any of these dimensions may be partially or fully unenforceable.
This tool assesses your non-compete enforceability based on these factors and your state laws. Some states, like California, have effectively banned non-competes entirely, while others, like Florida, are quite employer-friendly.
The checker evaluates six key factors that courts consider when deciding whether to enforce a non-compete: duration, geographic scope, activity scope, consideration (what you received in exchange), reasonableness relative to your role, and whether enforcement would cause undue hardship.
Each factor is assessed as favorable or unfavorable to your position. The tool also considers your state general stance on non-compete enforcement.
California
Non-competes are generally void and unenforceable (Business and Professions Code §16600). Employers cannot require employees to sign non-competes, with very limited exceptions for business sales.
Texas
Enforces non-competes if ancillary to an enforceable agreement, supported by consideration, and reasonable in scope (Business and Commerce Code §15.50). Courts can reform overbroad agreements.
New York
Enforces non-competes if they protect a legitimate business interest, are reasonable in scope, and are not unduly burdensome. Recent proposals have sought to restrict them further.
Florida
One of the most employer-friendly states (Statute §542.335). Courts presume non-competes are valid. Agreements up to 2 years are presumed reasonable.
Illinois
The Freedom to Work Act (2022) prohibits non-competes for employees earning less than $75,000/year. Requires adequate consideration and a 14-day review period.
In most states, yes. But being fired (especially without cause) can weaken enforcement. Some courts find that enforcement after involuntary termination is unreasonable, particularly without additional consideration.
For new hires, the job itself is usually sufficient. For existing employees, courts in many states require additional consideration such as a raise, bonus, promotion, or continued employment for a meaningful period.
Many states allow courts to reform non-competes, narrowing the scope to make them reasonable rather than voiding them entirely. Texas explicitly allows judicial reformation.
Yes. Disclosing your non-compete is both ethical and practical. If your former employer sues, your new employer could be named for tortious interference.
Options include consulting an employment attorney, negotiating with your former employer for a release, seeking a court declaratory judgment, or proceeding if the agreement is clearly unenforceable in your state.
It depends on the state. Some states treat contractor non-competes differently. In general, the same reasonableness factors apply, but courts may scrutinize them more closely since contractors have less bargaining power.
This tool provides general information, not legal advice. Laws vary by jurisdiction and individual circumstances. Consult a qualified attorney for advice specific to your situation.