Workplace Rights1 min read

Non-Compete Agreements: Can Your Employer Really Stop You From Working?

Published 25 Aug 2025

In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Non-compete agreements are increasingly under fire. Learn whether yours is enforceable and how to challenge an unfair non-compete.

Key takeaways

Non-compete enforceability varies dramatically by state
Several states have banned most non-competes entirely
Courts generally disfavor overly broad restrictions
An employment lawyer can help determine enforceability

What Makes a Non-Compete Enforceable

In states that allow non-competes, courts evaluate whether the restriction protects a legitimate business interest, the geographic scope and time period are reasonable, and the employee received adequate consideration.

The Growing Movement Against Non-Competes

California, Oklahoma, North Dakota, and Minnesota have banned non-competes almost entirely. Many other states have restricted their use for low-wage workers. Employers are also facing more pressure from workers, competitors, and courts to justify restrictions that go beyond protecting real trade secrets or customer relationships.

What to Do If You Have a Non-Compete

If bound by a non-compete and want to change jobs, consult an employment lawyer before resigning. An attorney can review your agreement, assess enforceability, and advise on your options.

Frequently Asked Questions

Can my employer enforce a non-compete if I was laid off?

In many states, courts are less likely to enforce a non-compete against an involuntarily terminated employee.

What if I signed a non-compete but received nothing in return?

For a non-compete to be valid, you must receive consideration. For new employees, the job itself usually suffices. For existing employees, some states require additional consideration.

Can I be sued for violating a non-compete?

Yes, but many employers use them as threats and never litigate. An attorney can help assess the real risk.