Quick Facts — Noncompete Agreement Lawyers

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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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.

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Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

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.

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.

Read 1 attorney answer>

Employment

Noncompete Agreement

New York

Asked on Jun 29, 2023

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.

Answered Jul 6, 2023

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.

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Employment

Noncompete Agreement

New York

Asked on Jun 4, 2023

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.

Answered Jul 11, 2023

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.

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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.

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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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