Maine Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $580.00
- Avg cost to review a Non-Compete Agreement: $350.00
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- Clients helped: 269 recent noncompete agreement projects
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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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Browse Lawyers NowLawyer Reviews for Maine Noncompete Agreement Projects
Review Non-Compete Agreement in Colorado for New Business Start-Up
"Was able to answer questions and provide guidance in an effective manner, thanks Patrick!"
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"Faryal, delivered guidance I needed with good communication."
confidentiality and non-compete agreement review
"Ryenne provides excellent service and highly recommended"
Florida Non-Compete Invalidity Review & Response Letter (Client in Brazil)
"Great job!"
Review Non-Compete Clause in Coaching Program Agreement
"Zachary did a great job and delivered his answers quickly."
Meet some of our other Noncompete Agreement Lawyers
AJ M.
⛵AJ has practiced in entertainment, technology, intellectual property, data privacy and protection, a broad array of domestic and international transactions, finance, and as outside General Counsel for startup and growth companies.
Michael C.
I offer top-tier legal expertise in startups, corporate governance, and general legal research. As a professor and published author of research articles and conference presentations, I have established myself as a legal expert, writer, and scholar. My strong research skills and innovative thinking make me a highly capable business consultant, legal adviser, and copywriter. Currently licensed to practice in Minnesota and Arkansas. Recent freelance projects include business plans, contract drafting, legal advisory memoranda, due diligence, pre-trial motion practice, and discovery review.
"Michael was fast, helpful, and delivered exactly what I asked for!"
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
"Awesome work, really put my mind at ease during a contract dispute with a major company."
Sean F.
Mr. Foo represents clients on various employment matters, including wage and hour issues (i.e., overtime and minimum wage claims) as well as preparation of employment documents such as handbooks, employment contracts, and general workplace policies and procedures. Mr. Foo is admitted to practice in the U.S. Eleventh Circuit Court of Appeals, U.S. District Courts for the Middle and Southern Districts of Florida, and all state courts in Florida.
May 3, 2023
Tyler P.
I am an experienced business coordinator with years of experience operating within an international setting where I discovered my passion for contracts and helping people. I became an attorney later in life to further and enhance these passions and to be able to help those in similar positions as I was find the legal help they need, and work with clients on a rate that is a fraction of the cost of going to a larger firm.
Employment
Noncompete Agreement
New Jersey
Can I work for a competitor with my current noncompete?
I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.
Jane C.
I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
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.
Employee Rights
Noncompete Agreement
California
i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable
My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.
Christopher M.
Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.
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.
Employment
Noncompete Agreement
Colorado
Can I get out of my noncompete agreement?
I am looking at my options.
Donya G.
You may be able to be released from a non compete. You would have to review the language in the non compete to see the expiration. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.
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