Non-Compete/Non-Disclosure Agreement for United States

What's prohibited

• Perpetual or unlimited non-compete restriction

  Non-compete clauses without a defined time limit are generally unenforceable under US law. Courts require reasonable time limitations, typically 1-2 years. A perpetual non-compete fails the reasonableness test applied by virtually all US courts.

• Worldwide geographic restriction without justification

  A worldwide non-compete restriction is generally unenforceable unless the employer's business truly operates on a global scale and the employee had access to global operations. Courts require geographic scope to be tied to the employer's actual competitive area.

• Restriction from working in any industry or any business whatsoever

  Non-competes must be limited to competing activities. Restrictions that prevent the individual from working in ANY capacity for ANY business are overbroad and unenforceable.

Other contracts for United States