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what is a non-compete a non-compete is an agreement between an employer and an employee that enforces a restriction on the employee a former employee under a non-compete agreement could be restricted from working for competitors for a stipulated period of time usually employers use non-compete agreements to protect their valuable intellectual property such as trade secrets customer client lists and business practices its a way for employers to make sure that their valuable assets will not be made available to a competitor state law determines when and where a non-compete agreement is enforceable state law governing this type of agreement varies specifically among states and industries not all non-competes are enforceable courts have determined that a non-compete agreement may limit the employees ability to make a living and will not enforce a non-compete that is not reasonable again state law will determine the period of time to enforce a non-compete agreement most courts uphold time