• Craig Fugate, JD/MBA

9 Steps to Drafting Enforceable Non-Compete Agreements

Non-Compete Agreements used to be enforced by courts much more regularly. Today, unless you are in California or a few other jurisdictions outside of Indiana, you can still enforce a Non-Compete if done correctly. This article lists 10 Steps to take to make your Non-Compete as enforceable as possible:


1.Keep the group small.

2. Keep the restrictions reasonable and narrow.

3.Provide consideration for the agreement.

4. Get it in writing.

5. Prepare multiple versions if necessary.

6. Concede choice of law/forum.

7. Include some Key Provisions (injunctive relief, attorney's fees and savings clause).

8. Use other types of agreements. (non-solicitation and non-disclosure)

9. Enforce it when other violate it.


Contact us today if you are looking to include non-competes in employment agreements, are looking to enforce a non-compete or avoid a non-compete.


https://businesslawtoday.org/2019/11/drafting-enforceable-noncompete-agreement/