Generate enforceable non-compete clauses
AI writes state-specific non-compete provisions tailored to your jurisdiction's requirements. Get enforceable restrictive covenants instantly.
Generate enforceable non-compete clauses
River's Non-Compete Clause Generator creates enforceable non-compete provisions tailored to your jurisdiction. You specify the state, employee role, industry, duration, geography, and scope. The AI generates a legally compliant non-compete clause that balances employer protection with enforceability under your state's law. Within seconds, you have a complete clause ready to insert into employment agreements. Perfect for employment lawyers drafting contracts, HR professionals managing templates, and small businesses protecting legitimate business interests.
Unlike generic templates, we generate state-specific clauses that account for varying enforceability standards. Some states enforce broad non-competes. Others require narrow restrictions. California largely prohibits them. The AI tailors language to maximize enforceability in your jurisdiction while protecting your business interests. You get clauses that courts are more likely to uphold because they're drafted with jurisdiction-specific requirements in mind.
This tool is perfect for employment attorneys drafting agreements, in-house counsel managing employment contracts, HR professionals updating templates, and small businesses creating compliant agreements. Use it when hiring employees with access to confidential information or customer relationships. Great for creating consistent restrictive covenant language across employment agreements. The AI generates foundation clauses attorneys can customize for specific situations.
Non-Compete Enforceability Varies by State
Non-compete enforceability depends heavily on state law. Most states enforce reasonable non-competes that protect legitimate business interests without imposing undue hardship on employees. However, 'reasonable' varies dramatically. Texas enforces broad non-competes if consideration is provided. California considers most non-competes void (though there are narrow exceptions). Some states require continued employment for minimum periods. Others allow at-will employment with non-competes. Always research your jurisdiction's specific requirements and recent case law.
Courts typically analyze non-competes using a reasonableness standard, examining duration, geographic scope, and scope of restricted activities. A one-year restriction is usually reasonable. Five years often isn't. A 10-mile radius might be reasonable for a local business but not for a national company. Restrictions must be no broader than necessary to protect legitimate business interests like trade secrets, confidential information, customer relationships, or goodwill. Overly broad non-competes risk being struck down entirely or narrowed by courts.
Consider using non-solicitation and confidentiality provisions instead of or in addition to non-competes. Non-solicitation clauses (prohibiting solicitation of company customers or employees) are generally more enforceable than full non-competes and often provide adequate protection. Confidentiality agreements protect trade secrets without restricting where employees can work. Many jurisdictions that scrutinize non-competes heavily still enforce targeted non-solicitation and confidentiality provisions. A combination approach often provides better protection with higher enforceability.
What You Get
State-specific non-compete clause tailored to jurisdiction
Enforceable language balancing protection and reasonableness
Proper duration, geography, and scope provisions
Legitimate business interest protections included
Ready to insert into employment agreements
How It Works
- 1Specify requirementsEnter state, role, industry, duration, geography, and scope
- 2AI generates clauseOur AI creates state-specific non-compete provision in seconds
- 3Review and customizeRefine for specific business needs and employee situation
- 4Insert into agreementAdd clause to employment contract or standalone agreement
Frequently Asked Questions
Are non-competes enforceable in my state?
Enforceability varies dramatically by state. Most states enforce reasonable non-competes, but California, North Dakota, and Oklahoma largely prohibit them (with narrow exceptions). States like Texas, Florida, and Georgia generally enforce reasonable non-competes. Some states have specific requirements for consideration, notice, or scope. Always research your state's current law and recent cases. Even in states that generally enforce non-competes, overly broad provisions will be struck down. Consult an attorney in your jurisdiction before using any non-compete.
What makes a non-compete reasonable?
Courts typically examine three factors: duration (how long the restriction lasts), geography (where the employee is restricted), and scope (what activities are prohibited). Restrictions must be no broader than necessary to protect legitimate business interests. One to two years is often considered reasonable for duration. Geography should relate to where you actually do business or where the employee worked. Scope should be limited to activities that actually compete with your business. The more narrow and tailored your restrictions, the more likely courts will enforce them.
Do I need to pay extra for a non-compete to be enforceable?
Some states require separate consideration beyond continued employment. If the non-compete is signed at hiring, the job offer itself is usually sufficient consideration. If added after employment begins, many states require additional consideration like a bonus, raise, promotion, or payment. Requirements vary by state. In states requiring separate consideration, non-competes without it are unenforceable. Check your jurisdiction's rules and provide adequate consideration documented in the agreement.
Can I enforce a non-compete if I fire the employee?
Usually yes, if the non-compete is properly drafted and enforceable under state law. Non-competes typically apply regardless of who terminates employment, though some states or specific agreements distinguish between termination for cause, without cause, and voluntary resignation. Firing employees and then immediately trying to enforce broad non-competes can create bad optics and judicial skepticism. Some employers waive non-competes for employees they terminate without cause as a goodwill gesture. Consult counsel about enforcement strategy.
Should I use a non-compete or non-solicitation agreement?
It depends on what you're protecting. If you need to prevent employees from working for any competitor (because they have significant trade secrets or strategic knowledge), a non-compete might be necessary. If you primarily want to protect customer relationships and prevent poaching, a non-solicitation clause is often sufficient and more enforceable. Many employers use both: a non-compete for executives and key employees with strategic access, and non-solicitation for broader employee groups. Non-solicitation provisions face less judicial scrutiny than full non-competes.
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