Connecticut Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Connecticut?

In Connecticut, non-compete agreements are legally enforceable contracts as long as they are reasonable. Non-compete agreements can be used in most industries; however Connecticut prohibits the use of these restrictive covenants for the following occupations:

  • Attorneys
  • Broadcast employees
  • Home health services
  • Physicians
  • Security guards

How Long Does a Connecticut Non-Compete Agreement Last?

There are no state laws that govern how long a Connecticut non-compete can last. Historically, only three non-compete agreements with a term of five years have been upheld so this is viewed as the maximum duration. The average length of enforceable non-compete agreements is usually between one and two years.

How Do You Get Around a Non-Compete Agreement in Connecticut?

To get around a non-compete agreement in Connecticut, the employee must prove that the contract us unreasonable. Reasonableness is determined by looking at the scope of the agreement and balancing the protection of the employer’s business interests with the right of an employee to work.

Contracts may be ruled unreasonable for the following reasons:

  • The duration is too long.
  • The geographic scope is too large.
  • The contract puts an undue hardship on the employee to find work.
  • There is no legitimate business interest to protect.

Employees need to be aware that Connecticut allows the practice of blue penciling. This is when a court has the right to modify the agreement to make it enforceable. In Connecticut, blue penciling is only permitted when the non-compete agreement includes a severability clause.

What Voids a Connecticut Non-Compete Agreement?

A non-compete agreement will be deemed void if there is not sufficient consideration. Consideration means that the employee receives something of value in exchange for agreeing to sign the contract. Many states view continued employment as adequate consideration, but Connecticut requires increased compensation, a promotion, or employment in a different capacity to show adequate consideration.

Frequently Asked Questions

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Employer

Noncompete Agreement

Florida

Asked on Jul 6, 2023

How to draft a noncompete agreement?

I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.

Daniel D.

Answered Jul 21, 2023

Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?

Read 1 attorney answer>

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Florida

Asked on Jun 29, 2023

Noncompete agreement geographic scope?

I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.

Daniel D.

Answered Jul 25, 2023

The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.

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Asked on May 21, 2023

Noncompete agreement for consultants?

I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.

Venus C.

Answered May 30, 2023

Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.

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Asked on Jul 25, 2023

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I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.

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Answered Aug 8, 2023

If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.

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I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

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Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

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