Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Indiana?

Yes. Non-compete agreements can be enforced in Indiana if the agreement abides by all contract laws and is determined to be reasonable. Courts determine reasonability by looking at the following two factors:

  1. Does the non-compete agreement protect a legitimate business interest.
  2. Are the restrictions in the contract reasonable in scope as to the duration of the agreement, restricted activity, and geographic boundary.

Many states allow the geographic boundary to be determined by miles. For example, a non-compete may restrict a former employee from working within a fifty mile radius of the previous employer’s business.

Indiana however requires that the non-competes list specific municipalities rather than miles. Non-competes that fail to list municipalities are often struck down by the court for being too broad and therefore are unenforceable.

How Long Does an Indiana Non-Compete Agreement Last?

The maximum duration of a non-compete agreement in Indiana is not regulated by state statutes, but instead determined by a court based on reasonability. Historically, courts in Indiana have determined that non-compete agreements that last two years or less are reasonable and enforceable.

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

An employee can get around the agreement by proving that it is overly broad or unreasonable. If the contract duration is longer than two years, lists mileage boundaries instead of specific municipalities, or doesn’t protect a legitimate business interest, it may be unenforceable.

What Voids a Non-Compete Agreement in Indiana?

Even though non-compete agreements are enforceable in Indiana, certain conditions may render the contract void.

A non-compete agreement in Indiana is void and unenforceable if:

  1. It is overly broad in scope.
  2. The agreement lacks consideration.
  3. The terms violate public policy.
  4. The employee signed the agreement under duress.
  5. The agreement was obtained through fraud.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in Indiana?

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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.

Read 1 attorney answer>

Employer

Noncompete Agreement

Connecticut

Asked on Jul 13, 2023

Can a noncompete agreement be waived?

I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.

Thomas L.

Answered Jul 21, 2023

Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.

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Asked on Jul 30, 2023

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I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.

Diane D.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

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Asked on Jun 3, 2023

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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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Asked on Dec 12, 2023

Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?

If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?

Matthew S.

Answered Dec 16, 2023

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

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