Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Montana?

In Montana, non-compete agreements are not enforceable for employment purposes. The Montana code states that contracts that restrict anyone from exercising a lawful profession, trade, or business of any kind is void.

Non-compete agreements are permissible when selling a business or dissolving a partnership. When using a non-compete agreement for either of these purposes, the contract must abide by three essential rules that were established by the Montana courts. These rules are:

  1. The non-compete agreement must be limited in duration and location.
  2. There must be adequate consideration to enter the non-compete.
  3. The contract must be reasonable in that it provides protection for the employer without an unreasonable burden on the other party or the public.

How Long Does a Montana Non-Compete Agreement Last?

The Montana code does not have a set amount of time for how long a non-compete agreement can last. Based on previous court cases, non-compete agreements that have a duration of one years or less are regularly upheld as reasonable and enforceable.

How Do You Get Around a Non-Compete Agreement in Montana?

Non-compete agreements in Montana are strictly regulated. Employers are not permitted to execute non-compete agreements with employees. Any non-compete that is used for employment purposes will be void.

If the non-compete is for the sale of a business or dissolution of a partnership, it must abide by the essential rules or a court will strike it down as unenforceable. If a party wants to get around a non-compete, they must prove that it violates on of the rules.

What Voids a Non-Compete Agreement in Montana?

A non-compete agreement in Montana will be void if it violates the state statute and restrains anyone from exercising a lawful profession, trade, or business of any kind.

Frequently Asked Questions

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Niki Z. on ContractsCounsel
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June 2, 2025

Niki Z.

Fractional General Counsel
Free Consultation
Helena, MT
18 Yrs Experience
Licensed in MT CA
University of the Pacific, McGeorge School of Law

With more than 20 years of nonprofit, small business, and government experience, Niki can assist you on a wide range of legal issues, including creating new entities and avoiding compliance pitfalls.

Tim B. on ContractsCounsel
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December 7, 2025

Tim B.

Attorney
Free Consultation
Pensacola, FL
22 Yrs Experience
Licensed in MT FL
Cumberland School of Law, Samford University

Attorney Tim Baldwin is the founder of Property Management Law Solutions, PLLC, a Florida law firm that specializes in representing landlords, property owners, apartments, and property management companies in a variety of property related legal matters, like evictions, security deposit disputes, fair housing matters, civil defense, damages actions, risk mitigation, partition, code violation, lease enforcement, and other real property litigation. Starting as a prosecutor from 2004 to 2006, Tim Baldwin gained invaluable experience as a courtroom litigator and to date has tried nearly 60 jury trials. When he opened his law practice in 2006, Tim focused his law practice on helping landlords in the Florida Panhandle. Since then, Tim Baldwin has expanded his law practice across Florida and become known as one of the premier Florida attorneys in landlord and property law. Tim regularly speaks at events for real estate groups, such as apartment and property management associations and real estate investment groups. Tim also hosts his own podcast, Property Management Law Solutions Podcast, where he discusses a wide range of landlord and property management related topics, and is frequently asked to be a guest on other podcasts nationwide.

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Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

Noncompete agreement choice of law?

I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

Venus C.

Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

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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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Employee Rights

Noncompete Agreement

Florida

Asked on Jun 29, 2023

Noncompete agreement geographic scope?

I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.

Daniel D.

Answered Jul 25, 2023

The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.

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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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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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