Answer 10 questions about your non-compete agreement. Find out how likely it is to hold up in court — and what that means for your next career move.
This quiz gives you a preliminary assessment — but the actual enforceability of your specific agreement depends on its exact language, your state's current case law, and the specific circumstances of your employment. Many employment attorneys offer a free 30-minute consultation to review non-compete agreements.
Get a Free Non-Compete Attorney Review →Non-compete agreements (also called restrictive covenants or covenants not to compete) prevent employees from working for competitors or starting competing businesses for a defined period after leaving a job. Their enforceability varies dramatically by state — and is currently in legal flux.
California, North Dakota, Oklahoma, and Minnesota ban non-compete agreements almost entirely — courts in these states generally refuse to enforce them. At the other end, states like Florida have statutes that make enforcement relatively straightforward if the agreement is properly drafted.
The FTC attempted a nationwide ban in 2024, but federal courts blocked the rule before it took effect. The legal status of the FTC rule continues to evolve. However, states are independently moving toward stricter limits, and enforcement standards have become more demanding nationwide.
Even in states that enforce them, courts apply a reasonableness test: the agreement must be reasonable in duration (typically under 1–2 years), geographic scope (typically limited to where you actually worked), and scope of restricted activity (must not be broader than necessary to protect a legitimate business interest). Overbroad agreements are often either thrown out entirely or "blue-penciled" (rewritten) by courts to be narrower.