Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Hawaii?

Yes, non-compete agreements are enforceable in Hawaii. According to Hawaii statutes, non-compete agreements must be reasonable to be enforceable. Courts in Hawaii have developed a reasonability test to determine whether a non-compete agreement can be enforced.

Under the reasonable test, non-compete agreements will not be enforced under the following circumstances:

  1. The restrictions are greater than necessary for the protection of the employer.
  2. The agreement imposes undue hardship on the employee.
  3. The benefit of the non-compete is outweighed by injury to the public.

All employees in Hawaii are permitted to enter into a non-compete contract except for employees who work in the technology business.

How Long Does a Hawaii Non-Compete Agreement Last?

The duration of a non-compete agreement is not set by state statute. Instead, courts will look at the facts surrounding the agreement and determine what length of time is reasonable. Historically, courts have often ruled that three years or less is a reasonable duration for a non-compete agreement.

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

To get around a non-compete agreement in Hawaii, the employee will need to show that the agreement is unreasonable and fails the reasonable test created by the Hawaii courts. The non-compete agreement must serve the purpose of protecting a legitimate business interest like trade secrets or customer lists. If the sole purpose of the agreement is to limit competition, it will most likely be ruled unreasonable and unenforceable.

What Voids a Non-Compete Agreement in Hawaii?

In Hawaii, if a non-compete agreement does not have consideration, it will be void. Consideration is the part of the contract in which the parties exchange something of value. In a non-compete agreement in Hawaii, consideration is as simple as the employee’s continued employment in exchange for agreeing to the terms of the non-compete agreement.

Frequently Asked Questions

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Jeanilou M. on ContractsCounsel
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Member Since:
August 10, 2023

Jeanilou M.

Small Business Lawyer
Free Consultation
Honolulu, Hawaii
16 Yrs Experience
Licensed in HI CA
Concord Law School

Jeanilou G.T. Maschhoff has over 20 years of comprehensive business operations, finance, and development experience in addition to being a licensed attorney in California and Hawaii. She zealously works as a Trusted Advisor, Business/Brand Consultant, and Advocate for small businesses, non-profit organizations, and personal brands. She is dedicated to helping female business owners and professionals in the entertainment, beauty, fashion, and wellness industries make their goals a reality. She uses her diversified expertise to provide a holistic approach to addressing business and legal needs. Acting as a trusted advisor and outsourced general counsel, she assists on an array of business and personal matters. Passionate about social justice and assisting underrepresented populations, Jeanilou started her legal career working in the non-profit sector working towards access to justice and gender equity. She continues to assist non-profit organizations in many capacities and actively looks to partner businesses with charitable causes, creating a synergistic effect that benefits not only the organizations involved but our society as a whole. As an early adopter of the virtual practice of law, Jeanilou has been assisting law firms and solo practitioners adjust to the remote delivery of legal services and helping businesses explore Web 3.0.

Samantha P. on ContractsCounsel
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Member Since:
October 24, 2023

Samantha P.

Family Law Attorney
Free Consultation
Honolulu, Hawaii
6 Yrs Experience
Licensed in HI
William S. Richardson School of Law at the University of Hawaii

Samantha earned her J.D. at the University of Hawaii, William S. Richardson School of Law and has been a member of the Hawaii State Bar Association since 2020. Samantha has worked as a Family Law attorney in Hawaii since 2020, and has represented clients on a variety of family law matters including: premarital agreements, pre- and post-judgement custody, parenting time and child support issues, pre- and post-divorce issues, interstate custody, and paternity issues. Samantha is a certified E-RYT 200 yoga instructor, taught yoga classes at the Modern Hotel in Waikiki throughout law school, and continues to teach yoga classes at various yoga studios in Honolulu to this day.

Jerry C. on ContractsCounsel
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October 29, 2024

Jerry C.

Partner
Free Consultation
HAWAII
30 Yrs Experience
Licensed in HI
Univ. of Hawaii, W. Richardson School of Law

I have been practicing law for over twenty years. My practice includes employment/labor law, alternative dispute resolution, estate planning, business and general civil matters.

Shannon Y. on ContractsCounsel
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July 25, 2025

Shannon Y.

Attorney
Free Consultation
Kailua, Hawaii
13 Yrs Experience
Licensed in HI
William S. Richardson School of Law at UH Manoa

Attorney specializing in Family Law and Small Business Law. Georgetown and London School of Economics alum. Law Degree from UH Manoa Richardson School of Law. Small local business entrepreneur on Oahu for 10+ years.

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"Paul was incredibly helpful in reviewing a non-compete agreement I needed to sign. He helped me understand the key risks, identify what was worth negotiating, and prepare redlines to bring the agreement more in line with Massachusetts law. He was knowledgeable, responsive, and practical throughout the process. I would definitely work with him again."

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April W. on ContractsCounsel
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April W.

Real Estate Attorney
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Atlanta, Georgia
20 Yrs Experience
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University of Georgia School of Law

I close residential and commercial real estate transactions. Myself and my paralegal work hard to ensure that every closing is properly executed. I can write title insurance policies with two companies First American and AmTrust. We are a small title company, but we are capable and efficient. I love what I do and I would love to provide closing services for you as well. I am also a licensed real estate agent. I do not actively practice real estate in the sales agent capacity because of my real estate closing practice. I remain current with policies, procedures, issues and trends. I am available to help anyone buy or sell a home or refer them to someone who will do an excellent job.

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Carissa E.

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As a resident of the Chicago Southside, Attorney Carissa Essex is a dedicated mother, wife, and attorney. Carissa graduated from the Illustrious Spelman College in Atlanta, Georgia in 2012 with a Bachelor of Arts Degree in Political Science. She then returned to Chicago to obtain her Juris Doctorate in 2016 from DePaul University College of Law. After working in Corporate America for several years as a full-time Legal Project Manager practicing law part-time, Carissa decided to devote all of her time to her legal practice and founded Essex Law in early 2024. Focusing on Family Law and Real Estate Law matters, Essex Law provides exceptional and affordable services to all throughout the Chicagoland Area.

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Employment

Noncompete Agreement

Colorado

Asked on Mar 31, 2021

Can I get out of my noncompete agreement?

I am looking at my options.

Donya G.

Answered Mar 31, 2021

You may be able to be released from a non compete. You would have to review the language in the non compete to see the expiration. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

Florida

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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Employee Rights

Noncompete Agreement

Texas

Asked on Jun 3, 2023

Noncompete agreement and moonlighting?

I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.

Curt L.

Answered Jun 6, 2023

If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.

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Employee Rights

Noncompete Agreement

Georgia

Asked on Jul 4, 2023

How does a noncompete agreement work?

I am an employee at a small business and I have recently been asked to sign a noncompete agreement. I am not sure how these agreements work and what rights I have as an employee. I am also concerned about the restrictions that could be placed on me if I sign the agreement. I want to make sure I understand the implications of signing the agreement before I do so.

Nancy B.

Answered Aug 4, 2023

In its simplest terms, a noncompete agreement in an employment context is an agreement that says you will not compete with your former employer if you ever stop working for them. It typically forbids things like: + Working for a competitor + Starting a company that sells the same services/products as your employer + Recruiting employees from your current employer after you have left that employment. One thought is that this could be requested shortly before letting an employee go just to protect the company from competition but I hope that is not the case here as it seems like an unfair use of the noncompete agreement ability in Georgia. The issues are usually the geographical scope (for example within 15 miles of Dalton, Georgia), the time period (one or two years is usually sufficient and courts do not favor long noncompete agreements), and the consideration (such as a new job - which is not applicable in your case, or more compensation). Regards, Nancy A. Burnett

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Employment

Noncompete Agreement

Washington

Asked on Jul 25, 2023

Noncompete agreement and public policy?

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.

Merry K.

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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Recent Project:
Non-Compete Clause in Employment (1099) contract
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Recent Project:
I have two non competes that needs review, one on rollover shares and as a retired officer
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