Maine 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: $370.00
- Lawyers available: 244 employment lawyers
- Clients helped: 359 recent noncompete agreement projects
- Avg lawyer rating: 4.98 (92 reviews)
Is a Non-Compete Agreement Enforceable in Maine?
Non-compete agreements are enforceable in Maine as long as the agreement meets all the standards and requirements set out in Maine state statutes governing non-compete agreements.
Some of these conditions include:
- Legitimate business interest. The agreement must protect a legitimate business interest like trade secrets, confidential information, or goodwill.
- Wage restrictions. Low wage employees cannot enter into non-compete agreements. Yearly earnings that are at or below 400% of the federal poverty level are considered low wage. In 2022, this was $54,360 annually for a one person household and $111,000 annually for a four person household.
- Notice. Employees must be given a three day notice that a non-compete will be included in an employment contract. This provides time for negotiations.
How Long Does a Maine Non-Compete Agreement Last?
The duration of a non-compete agreement in Maine depends on the geographic area covered. The maximum term is not set by statute, but based off of past court dates. In the past, Maine courts have determined the following durations and geographical areas to be reasonable:
- 2 years in duration with no geographical limit
- 3 years in duration and a 100 mile radius limit
- 4 years in duration and a 2 mile radius limit
How Do You Get Around a Non-Compete Agreement in Maine?
To get around a non-compete agreement, an employee must show that the agreement is unreasonable or violates one of the statutes that governs non-compete agreements. If an employee can prove that a statute has been violated, the employer could be subject to a $5,000 fine.
What Voids a Non-Compete Agreement in Maine?
A non-compete agreement in Maine will be void if it was signed by an employee under duress or fraud. This means that if an employer forced an employee to sign a non-compete or lied to the employee about the contract, it will be void and unenforceable.
Frequently Asked Questions
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Meet some of our Maine Noncompete Agreement Lawyers
Craig M.
I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.
"In our phone conversation, Craig provided options to resolve my title issue"
Nicholas M.
Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.
"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"
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"Very responsive and communicated findings clearly and in depth."
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"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."
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It was a pleasure serving you! Looking forward to helping you in the future.
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"Great to work with, thorough, patient, and excellent explanation and detailed information."
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"Great expertise and efficiency"
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"I apprecited Lori's communication and promptness."
Meet some of our other Noncompete Agreement Lawyers
Rene H.
I am an attorney licensed in both California and Mexico. I offer a unique blend of 14 years of legal expertise that bridges the gap between diverse legal landscapes. My background is enriched by significant roles as in-house counsel for global powerhouses such as Anheuser-Busch, Campari Group, and Grupo Lala, alongside contributions to Tier 1 law firms. I specialize in navigating the complexities of two pivotal areas: AI/Tech Innovation: With a profound grasp of both cutting-edge transformer models and foundational machine learning technologies, I am your go-to advisor for integrating these advancements into your business. Whether it's B2B or B2C applications, I ensure that your company harnesses the power of AI in a manner that's not only enterprise-friendly but also fully compliant with regulatory standards. Cross-Border Excellence: My expertise extends beyond borders, with over a decade of experience facilitating cross-border operations for companies in more than 20 countries. I am particularly adept at enhancing US-Mexico operations, ensuring seamless and efficient business transactions across these territories.
"Rene gets the job done in an effective and efficient manner. Rene understood the goals of the project I hired him for; delivered and reached those goals with his knowledge and experience; as well as consistently following up on time, and is pleasant to work with."
Jimmy V.
Hello, I can help you with this project. I’m a semi-retired, long-time US attorney with substantial experience in business and corporate law. I help startups and small businesses prepare and file the documents necessary to set up corporations or LLCs.
"Jimmy did an excellent job drafting the documents I needed, would work with again!"
Karen S.
I'm an attorney available to help individuals and small businesses in Georgia with initial business set-up, required filings, tax strategies, etc. I'm also available to draft, review, and negotiate contracts of many types, both personal and professional. I can draft and file real estate quit claims as well. My legal and business experience and expertise includes small business startups, information technology, technology innovation, real estate transactions, taxes, intellectual property, electrical engineering, the business of video game development, business requirements definition, technology consulting, technology companies, liability waivers and reduction strategies, and the electric utility industry. I work part-time for a local law firm and part-time in my solo practice. I'm also an adjunct professor teaching business law. In addition, I'm part owner, legal counsel to, and a board member of a virtual reality video game development company. I am a member of the Georgia Bar Association. Please reach out if you need attorney, documentation or consulting help in any of those areas!
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February 4, 2023
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ADMITTED TO PRACTICE LAW IN CALIFORNIA SINCE 1999. EXPERIENCED & RELIABLE, LITIGATION, LEGAL COUNSELING AND REPRESENTATION
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Kandil O.
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Contracts
Noncompete Agreement
Florida
Noncompete agreement and severance packages?
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.
To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.
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.
Employment
Noncompete Agreement
New York
Noncompete agreement and industry restrictions?
I recently signed a Noncompete Agreement with my current employer. I am looking to explore other opportunities in my industry and want to know what restrictions my noncompete agreement might have on me. I am interested in understanding the limitations of the agreement and if there are any potential implications of taking a job in the same industry.
Danielle G.
In order to ascertain the limitations and implications, you would need to review the specific language of the agreement. If the non-compete is very broad, it's possible it would not be enforceable. In New York, for a non-compete agreement to be enforceable, it must be for a reasonable period of time and limited geographic scope. It also must protect the employer's legitimate interest. For example, the restrictions must protect confidential information or specialized skills you gained while on the job, or some other legitimate interest. If the agreement goes beyond those limitations, a court could find the non-complete to be unreasonable and unenforceable, in whole or in part. As to what restrictions your specific non-compete imposes (and the reasonableness of those restrictions), you would need to look at the specific language in the agreement. If you are unsure about the limitations, you should seek advice of counsel to help decipher the extent it would apply to your industry in general, and the likelihood it would be enforceable in court.
Employment
Noncompete Agreement
Washington
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.
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.
Employer
Noncompete Agreement
Connecticut
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.
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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