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: $350.00
- Lawyers available: 224 employment lawyers
- Clients helped: 283 recent noncompete agreement projects
- Avg lawyer rating: 5.0 (71 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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See Real Non-Compete Agreement Projects
Massachusetts Non-Compete Clause in Employment (1099) contract Review
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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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"Ryenne provides excellent service and highly recommended"
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"Absolutely incredible person super responsive and willing to help me navigate through a challenging situation. Allen is top notch, professional, and comprehensive."
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"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."
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"Zachary did a great job and delivered his answers quickly."
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Meet some of our other Noncompete Agreement Lawyers
Rhea d.
Rhea de Aenlle is a business-savvy attorney with extensive experience in Privacy & Data Security (CIPP/US, CIPP/E), GDPR, CCPA, HIPAA, FERPA, Intellectual Property, and Commercial Contracts. She has over 25 years of legal experience as an in-house counsel, AM Law 100 firm associate, and a solo practice attorney. Rhea works with start-up and midsize technology companies.
"Rhea is very knowledgable, quick, and provides great communication."
Michael S.
I began my career at "big law" firms, worked in-house for 14 years, and now have my own practice, providing big law quality at small firm rates. My practice focuses on strategic and commercial transactions, including M&A, preferred stock and common stock offerings, asset purchases and sales, joint ventures and strategic partnerships, stock option plans, master services agreements and SOWs, software development and license agreements, SaaS agreements, NDAs, employment and consulting agreements. I also manage corporate governance, advise boards and executives, and act as outside general counsel. I represent clients across the country and around the world.
"Completed most of the work with majority of the answers correct!"
April 14, 2023
Sonya A.
Experienced Attorney with a demonstrated history of working in the law practice industry. Skilled in Preparation of Wills, Trial Practice, Estate Administration, Trusts, and Estate Planning. Strong legal professional with a Juris Doctorate focused in Law from Howard University School of Law.
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Karen M.
Karen V. Mills is the founding member of the woman-owned boutique law firm Mills Law, LLC, based in Atlanta, Georgia, specializing in contracts, corporate transactional and business law.
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Andrew M.
Business Venture Law: Andrew Moore, Esq. focuses on solving modern business problems with common sense at affordable rates.
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
New York
Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?
I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?
Damien B.
Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.
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
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
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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Maine Noncompete Agreement lawyers by city
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A simple Non compete agreement
Location: New York
Turnaround: Over a week
Service: Drafting
Doc Type: Non-Compete Agreement
Number of Bids: 6
Bid Range: $300 - $995
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