Montana 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
- Lawyers available: 221 employment lawyers
- Clients helped: 268 recent noncompete agreement projects
- Avg lawyer rating: 5.0 (68 reviews)
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:
- The non-compete agreement must be limited in duration and location.
- There must be adequate consideration to enter the non-compete.
- 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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Need help with a Noncompete Agreement?
Meet some of our Montana Noncompete Agreement Lawyers
Niki Z.
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.
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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Browse Lawyers NowLawyer Reviews for Montana Noncompete Agreement Projects
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"Great job!"
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"This is the type of attorney you want in your corner - 10 out of 10."
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"Faryal, delivered guidance I needed with good communication."
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"Was able to answer questions and provide guidance in an effective manner, thanks Patrick!"
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"Ryenne provides excellent service and highly recommended"
Meet some of our other Noncompete Agreement Lawyers
Harry S.
Stirk Law is a law firm based in London that advises on dispute resolution, commercial and corporate arrangements, employment and private wealth. We are experts in our areas and experienced in advising on complex and high value matters in the UK and internationally.
Talin H.
Talin has over a decade of focused experience in business and international law. She is fiercely dedicated to her clients, thorough, detail-oriented, and gets the job done.
Max M.
Business attorney with a focus on the health care sector, bringing Biglaw experience in multi-million dollar mergers and acquisitions, financings, and general corporate counsel work to the small firm space. I now help startups and growing companies access the same level of sophistication and strategic guidance typically reserved for large institutions.
"Max was great! He put together a subcontract for us for our subconsultants. Really easy to work with."
JOSEPH L.
Mr. LaRocco's focus is business law, corporate structuring, and contracts. He has a depth of experience working with entrepreneurs and startups, including some small public companies. As a result of his business background, he has not only acted as general counsel to companies, but has also been on the board of directors of several and been a business advisor and strategist. Some clients and projects I have recently done work for include hospitality consulting companies, web development/marketing agency, a governmental contractor, e-commerce consumer goods companies, an online apps, a music file-sharing company, a company that licenses its photos and graphic images, a video editing company, several SaaS companies, a merchant processing/services company, a financial services software company that earned a licensing and marketing contract with Thomson Reuters, manufacturing companies, and a real estate software company.
"Excellent work by Joseph! Efficient, Timely, and very responsive. I'm very happy with his work. Thank you!"
July 29, 2021
Stanley K.
Stan provides legal services to small to medium-sized clients in the New England region, and throughout the U.S. and abroad. His clients are involved in a variety of business sectors, including software development, e-commerce, investment management and advising, health care, manufacturing, biotechnology, telecommunications, retailing, and consulting and other services. Stan focuses on the unique needs of each of his clients, and seeks to establish long term relationships with them by providing timely, highly professional services and practical business judgment. Each client's objectives, business and management styles are carefully considered to help him provide more focused and relevant services. Stan also acts as an outsourced general counsel for some of his clients for the general management of their legal function, including the establishment of budgets, creation of internal compliance procedures, and the oversight of litigation or other outside legal services.
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.
Business Contracts
Noncompete Agreement
California
Noncompete agreement time restrictions?
I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.
Gagandeep K.
The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.
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.
Employee Rights
Noncompete Agreement
Texas
Noncompete agreement and moonlighting?
I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.
Curt L.
If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.
Employment
Noncompete Agreement
Washington
Noncompete agreement termination options?
I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.
Merry K.
I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).
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