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Draft a non-compete checked against your state

Describe the role, the state and what you need to protect, and get a restrictive covenant checked against current state law, or a narrower alternative.

Context to provide

River drafts a restrictive covenant for your situation: a non-compete, a customer or employee non-solicitation clause, or a confidentiality-only alternative. It starts with the law of the state where the person works, because that decides whether a non-compete is allowed at all, then sets the scope, length and area to fit what you actually need to protect.

Non-compete law has changed fast. The Federal Trade Commission's 2024 rule banning most non-competes was set aside by a federal court and never took effect, so state law still governs, and it varies widely. California voids most employee non-competes, several states ban them for most workers or below an income threshold, and many require notice or extra consideration. River checks the current rules before drafting.

What makes a restrictive covenant hold up

Where non-competes are allowed, courts generally ask whether the restriction protects a legitimate business interest, such as trade secrets, customer relationships or goodwill bought in a sale, and whether its length, geography and scope are no broader than needed. A restriction on a whole industry nationwide for a junior employee rarely survives; a short restriction tied to the accounts someone actually handled is more likely to.

Non-competes connected to selling a business are usually treated more leniently than employee non-competes, because the buyer paid for the goodwill. Contractor non-competes raise their own questions and can also suggest the person is really an employee.

Often the better tool is narrower. A customer non-solicitation clause, an employee non-solicitation clause and a strong confidentiality agreement protect the same interests with less risk, and some states that restrict non-competes treat these differently. River proposes the narrowest set of restrictions that protects what you described.

How it works

  1. Describe the role

    Who it is for, where they work, their pay, and what you need to protect.

  2. River checks the state

    The current law of the worker's state is checked before anything is drafted.

  3. Get the clause

    A restrictive covenant or a narrower alternative, with the reasons spelled out.

  4. Adjust in chat

    Ask for a shorter term, a non-solicit only, or a notice letter the state requires.

What you get

  • The worker's state checked first for bans, income thresholds and notice rules
  • A non-compete only where the state allows it, with length, area and scope tied to your interest
  • Customer and employee non-solicitation clauses as narrower alternatives
  • Sale-of-business and contractor versions that reflect how courts treat each
  • A plain note on the risks and anything a lawyer in that state should confirm

Common questions

Are non-competes banned nationwide?

No. The Federal Trade Commission adopted a rule in 2024 banning most non-competes, but a federal court set it aside before it took effect, and in 2025 the Commission dropped its appeals. Non-competes are governed by state law, which ranges from near-total bans to enforcement of reasonable restrictions.

Which states ban non-competes?

California voids most employee non-competes, and Minnesota, North Dakota and Oklahoma also prohibit most of them. Many other states ban them for workers below an income threshold or require advance notice. Because these rules change often, River checks the current law for the worker's state each time rather than relying on a fixed list.

Is a non-solicitation clause safer?

Usually. A clause stopping someone from soliciting your customers or employees for a period is narrower than a ban on working for a competitor, so courts in many states treat it more favorably. Some states regulate non-solicits too, so River checks those rules as well.

What about a non-compete when selling my business?

Courts generally treat these more leniently because the buyer is paying for the business's goodwill. Even so, the length and area should match the business sold. Many states that restrict employee non-competes allow reasonable ones in a sale of a business.

Is this legal advice?

No. River checks state law and drafts a clause, but restrictive covenant law changes often and turns on the facts. Have an employment lawyer in the worker's state review any non-compete before it is signed, especially for lower-paid workers or anyone in a state with special notice rules.

Draft a non-compete checked against your state

Describe what you need, add any files you have, and your workspace opens with the work already underway.