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Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
If you violate the terms of a legally enforceable non-compete agreement, your employee may ask the courts for an injunction to stop improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages. The consequences may even be outlined in your non-compete clause.
If the non-compete agreement is excessively burdensome or broad, such as having an excessively long duration or an excessively vast geographical scope, the court may deem it unreasonable and unenforceable as written.
Furthermore, some states, such as California, North Dakota and Oklahoma completely ban non-compete agreements. Whereas other states, like Oregon (Senate Bill 169) and Nevada (Assembly Bill 47 22.5(7)), have even passed laws that severely limit the enforceability of non-compete agreements.
Non-Compete Agreements are generally not enforceable unless theyre used to protect trade secrets or a purchaser of a business, recover education or training expenses from an employee of less than two years, or restrict executive and management personnel or professional staff to those personnel ( C.R.S.
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Although non-competes are banned by California law, you can still have robust protections for confidential information and trade secrets.
Some states (California and a few others) have made non-competes void by statute, but even in states that have not passed anti-non-compete laws, courts have been trending toward avoiding enforcement of these provisions (in favor of the employee) for years.

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