Indiana Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Indiana)
- Avg cost to review a Non-Compete Agreement: $320.00
- Lawyers available: 21 Indiana employment lawyers
- Clients helped: 5 recent noncompete agreement projects in Indiana
- Avg lawyer rating: 5.0 (2 reviews)
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:
- Does the non-compete agreement protect a legitimate business interest.
- 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:
- It is overly broad in scope.
- The agreement lacks consideration.
- The terms violate public policy.
- The employee signed the agreement under duress.
- The agreement was obtained through fraud.
Frequently Asked Questions
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Need help with a Noncompete Agreement?
Meet some of our Indiana Noncompete Agreement Lawyers
Justin C.
Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.
"Justin C did a great job. I will recommend Contractscounsel to friends"
Mariah R.
McGhee at Law is a purpose-driven law firm located in Indiana. We are focused on assisting Clients with creating opportunities of advancement. Our strategy is to assist, advise and support our Clients in fulfilling their vision for their personal lives and businesses through the practice of law.
"Mariah was great to work with. She clearly explained her billing system in the bid, was responsive with her messages, and quickly provided the legal documentation we needed as requested. I would not hesitate to hire her services again."
July 21, 2020
Chester A.
With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.
January 6, 2022
Elizabeth V.
Most of my career has been as in-house counsel for technology companies. My responsibilities included managing all vendor/procurement contracts and compliance, customer/partner/reseller contracts and compliance, data security/privacy compliance and incident responses, HR/employment issues, and legal operations. I am very comfortable negotiating Commercial Contracts, Vendor Agreements, and Procurement Contracts for goods, services, and licensing, as well as addressing Employment & Labor, Intellectual Property, and Data Privacy issues and compliance. I specialized and have a certificate in IP in law school and continued to develop in that area as in-house counsel for Interactive Intelligence, Genesys, which are unified communication companies, and KAR Global in the automobile digital services lines of business.
John B.
I am an attorney with over 13 years experience licensed in both Illinois and Indiana. I spent the early part of my career as a civil litigation attorney. Eventually, I moved into an in-house role, specifically as general counsel, to help companies avoid the pains of litigation. In doing so, I gained significant experience in executive leadership, corporate governance, risk management and cybersecurity/privacy. I bring this wealth of experience to my client engagements to not only resolve the immediate issue, but help implement lasting improvements in practices to avoid similar problems going forward.
July 2, 2023
Thomas B.
Accomplished Attorney with 33 years of experience assisting clients with their legal needs, including reviewing and drafting of various contracts and agreements.
Adam L.
General practice attorney
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Indiana Noncompete Agreement Projects
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"Everything asked was answered, very helpful"
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Review of Non-Compete Agreement and Severance in Georgia
"Great to work with and very thorough in his review! Thank you!!"
Reply From Allen L.
Thank you so much — this was a meaningful engagement and I am glad the review gave you what you needed. Non-compete and severance matters in Georgia involve some nuances that can really affect your position, and I wanted to make sure you walked away with a thorough picture. Please come back anytime. -Allen
View MoreLegal Advice Needed for Non-Compete Agreement in Minnesota
"First draft that was delivered didn’t meet expectations. Initially offered to do more work if I paid more. Did agree to take a more comprehensive look and provided services. Very prompt"
Employer
Noncompete Agreement
Florida
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.
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?
Business Contracts
Noncompete Agreement
California
Noncompete agreement time restrictions?
I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.
Gagandeep K.
The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and change of control?
I recently accepted a new position with a company that has requested that I sign a noncompete agreement. I understand the agreement and the limitations it puts on me, but I am concerned about how the agreement would be affected if the company is sold or changes ownership in the future. I would like to understand my legal rights in the event of a change of control.
Thomas L.
If the future company buys the equity of your current employer, the Non-Compete continues in effect. If the future company buys the assets, the Non-Compete is terminated. I would request a sentence be added to the effect that "if there is a change of control of the Company (meaning more than 50% of the equity interest or 50% of the voting equity control) is sold or transferred, then this Non-Compete Agreement is terminated.
Employee Rights
Noncompete Agreement
Texas
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.
If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.
Employee Rights
Noncompete Agreement
Florida
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.
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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Non-Compete Clause in Employment (1099) contract
Location: Massachusetts
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
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Bid Range: $250 - $795
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