Indiana Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $550.00
- Avg cost to review a Non-Compete Agreement: $350.00
- Lawyers available: 229 employment lawyers
- Clients helped: 304 recent noncompete agreement projects
- Avg lawyer rating: 4.99 (75 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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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
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Browse Lawyers NowLawyer Reviews for Indiana Noncompete Agreement Projects
Employment Non-Compete Review
"Prompt and thorough review with real world advice. Thank you."
Review Noncompete Agreement
"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."
Review Noncompete Agreement
"Helped with everything I needed and very responsive!"
Florida Non-Compete Invalidity Review & Response Letter (Client in Brazil)
"Great job!"
Employment
Noncompete Agreement
New York
Noncompete agreement breach consequences?
I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.
Gregory F.
I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.
Employee Rights
Noncompete Agreement
Georgia
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.
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
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?
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employment
Noncompete Agreement
Delaware
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.
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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Employment non compete question session
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Doc Type: Non-Compete Agreement
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