Calculators
Non-compete Reasonableness Checklist
Score a non-compete clause against the factors courts commonly consider: duration, geography, scope, consideration and legitimate interest.
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The tool
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What people use it for
- Reviewing a non-compete before signing
- Drafting narrower restrictive covenants
- Preparing questions for an employment lawyer
- HR policy reviews
About this tool
What the Non-compete Reasonableness Checklist does
Non-compete agreements are enforced very differently across jurisdictions, and some ban them for most workers. Where they are allowed, courts usually ask whether the restriction protects a legitimate business interest and is reasonable in time, geography and scope. This checklist scores those factors; it does not predict a court’s decision.
It also works as a non-compete enforceability calculator.
Formula
- Duration: up to 6 months = 3, up to 12 = 2, up to 24 = 1, longer = 0
- Geography and activity scope scored 0 to 3
- Legitimate interest = 3, real consideration = 2, senior role = 1
Worked example
Using the starting values in the calculator above:
| Input | Value |
|---|---|
| Jurisdiction bans or sharply limits non-competes | No |
| Duration | 12 months |
| Geographic scope | Region or state |
| Activity restricted | Same type of work for competitors |
| Employee had trade secrets or key client relationships | Yes |
| Signed at hire or for real extra pay or benefit | Yes |
| Employee was senior or highly paid | No |
| Result | Value |
|---|---|
| Overall assessment | More likely to be seen as reasonable |
| Reasonableness score | 73.3% |
| Points | 11 / 15 |
How to read the result
Rules change frequently; several US states and countries have restricted non-competes in recent years. Check the current law where the employee works.
Narrower tools such as confidentiality and non-solicitation clauses are often more enforceable than broad non-competes.
General information only, not legal advice. Laws and court practice vary by jurisdiction; consult a qualified lawyer.
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Questions
Questions about this tool
The things clients actually want to know — costs, timelines, ownership and what happens after launch.
It depends on the jurisdiction and the clause. Some places ban them for most workers; others enforce reasonable ones.
Courts that enforce them commonly accept periods of up to one or two years if justified.
Protecting a legitimate interest, with limited duration, geography and scope, and adequate consideration.
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