Non-compete clauses by state
How to identify the governing law, restricted activity, geography, duration, and current-law questions before relying on a non-compete.
What to look for
- A governing-law clause that differs from where you work
- Restrictions broader than the employer’s actual business
- No carve-out for passive investment or pre-existing work
Questions to ask
- Which state’s current law governs this clause?
- Can the restriction be limited to customers and work I actually touched?