Which states ban non-competes entirely?

California, North Dakota, Oklahoma, and Minnesota broadly void employee non-competes, and several others restrict them heavily by wage threshold or occupation. In a ban state, no duration or radius makes an ordinary employee non-compete enforceable, which the tool flags immediately.

What duration is considered reasonable?

Most courts that enforce non-competes treat six months to two years as the usual reasonable range, with one year being a common safe figure. Anything beyond two years tends to draw scrutiny and may be struck or narrowed, though the analysis is always fact and role specific.

Does the geographic scope have to be tied to where I worked?

Generally yes. A reasonable radius covers the area where the employee actually worked or had customer contact, not the entire country. A broad nationwide restriction on a locally based employee is frequently found overbroad and unenforceable as written.

What is the consideration requirement?

Some states require fresh consideration, such as a signing bonus, raise, or promotion, when a non-compete is signed after employment begins, rather than just continued employment. Where that applies, the tool flags it so you confirm adequate consideration was given.

Is this legal advice?

No. This is a screening tool that applies generalized state parameters and cannot account for blue-pencil doctrines, industry exceptions, recent legislation, or the specific facts of a role. Always confirm enforceability with a licensed attorney in the governing jurisdiction before relying on a clause.

Non-Compete Clause Reasonableness Tool

Non-compete enforceability turns heavily on the governing state, the length of the restriction, and how broad its geography is. This tool applies generalized, state-specific parameters to flag whether a clause’s duration and radius likely sit inside enforceable bounds, helping you spot overbroad terms before they are challenged.

How it works

For each state the tool stores whether non-competes are broadly banned, a presumptive-reasonable duration cap in months, and whether fresh consideration is typically required. Your inputs are compared against those values:

if state bans non-competes            -> unenforceable as written
if duration <= presumptive cap        -> duration likely reasonable
if duration > cap                     -> duration likely overbroad
if radius is tied to work area        -> geography likely reasonable
if restriction is nationwide          -> geography likely overbroad

The output is a set of green, caution, and red flags rather than a single verdict, because courts weigh these factors together and many can blue-pencil an overbroad term down to a reasonable one.

Notes and example

A one-year, 25-mile non-compete for a sales role in Texas generally lands inside the reasonable range on both duration and geography and flags green, subject to adequate consideration. The same clause in California is flagged red regardless of its terms, because the state voids employee non-competes outright. Use the flags to focus your drafting and never treat a green result as a guarantee, since recent state legislation and federal activity continue to narrow enforceability.