Nevada Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Nevada)
- Avg cost to review a Non-Compete Agreement: $340.00
- Lawyers available: 21 Nevada employment lawyers
- Clients helped: 8 recent noncompete agreement projects in Nevada
- Avg lawyer rating: 4.89 (3 reviews)
Is a Non-Compete Agreement Enforceable in Nevada?
Yes. In Nevada, non-compete agreements are enforceable but these contracts must meet certain conditions that have been outlined in Nevada state statutes. The four conditions that must be met include:
- Consideration. Consideration is required for all contracts. For non-compete agreements, continued employment, a promotion, or monetary compensation are all examples of adequate consideration.
- Restraint. The restrictions imposed must be no greater than necessary to protect the employer.
- No undue hardship. The terms in the non-compete cannot impose undue hardship on the employee.
- Appropriate restrictions. The restrictions in the contract are appropriate for the consideration offered.
If a non-compete agreement meets these requirements, it will be enforceable.
Non-compete agreements will never be enforced against hourly workers or attorneys in Nevada.
How Long Does a Nevada Non-Compete Agreement Last?
When determining how long a non-compete agreement can last, courts in Nevada will consider the geographic boundaries to decide if the duration is reasonable. Generally, the larger the geographic boundary, the shorter the duration of the agreement must be.
Some examples of reasonable non-compete duration and geographic boundary combinations include:
- 2 years and a 5-mile radius
- 1 year and the city of Reno
Unreasonable non-compete examples include:
- 2 years and 50-mile radius
- 5 years and 100-mile radius
How Do You Get Around a Non-Compete Agreement in Nevada?
To get around a non-compete agreement in Nevada, the employee must show the court that the agreement violates one of the conditions set by the statute governing non-compete agreements.
What Voids a Non-Compete Agreement in Nevada?
A non-compete agreement is void if it is too broad or unreasonable. This may be due to an unreasonable duration, geographic boundary, or limitation on the employee’s conduct.
Although Nevada allows the practice of blue penciling, courts rarely use this practice. Generally, if a non-compete is ruled as unenforceable, it will be struck down and void.
Frequently Asked Questions
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Meet some of our Nevada Noncompete Agreement Lawyers
Jeremiah C.
Jeremiah C.
Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.
"Jeremiah was pleasant to speak to and provided high quality work. I appreciate that he took the time to call me personally instead of a paralegal. Work delivered early and high quality! Highly recommend"
Christina M.
I am a regulatory transactional attorney with 16 years of in-house experience, largely in the gaming/gambling industry. I have negotiated various types and sizes of contracts from janitorial services for a small commercial building to multi-million dollar technology transactions. I also have a strong regulatory background that strengthens my ability to navigate contracts that are subject to stringent regulations.
"Great lawyer and easy to work with. She really cares about your business."
Max K.
Transactional attorney with experience in drafting, reviewing and negotiating contracts, licenses, leases, general business practices and dispute resolution. Licensed in Nevada, California and New York. I never charge for phone calls - happy to chat. www.linkedin.com/in/maxkelner
"This was my 1st time having to consult with a legal expert about anything and Max made the process easy and stress-free."
May 30, 2023
Jocelyne U.
Jocelyne Uy graduated from law school in 2002 where she began her career in insurance defense where she practiced a wide range of issues relating to insurance policies and claims. Identifying a need for representation for those working cross border, Jocelyne understood the unique interplay of the laws of Canada and the U.S. and started her first firm in Michigan focusing on Canadian American immigration and tax law. Jocelyne and her partner realize that Nevada residents continuously face challenges in finding affordable and accessible representation to assist with their debt issues. Because of these challenges and continuous shifting economy, they are committed to assisting anyone who finds themselves struggling to handle the debt and credit cycle that often feels hopeless and endless. Jocelyne's firm has assisted clients in post-COVID financial crisis ranging from credit card debt, student loan debt, and COVID unemployment repayment hearings.
July 13, 2023
Keren G.
Keren E. Gesund has extensive litigation expense. She has successfully defended and prosecuted claims against debt collectors, banks, credit reporting agencies, subcontractors, manufacturers and consumers who have suffered harassment or injury. She handles contentious business and commercial cases for both plaintiffs and defendants in state and federal court.
Christi D.
August 1, 2023
Christi D.
Attorney.
October 10, 2023
Jessica G.
Nevada Attorney with experiences in outside general counsel representation, contract drafting, and civil litigation.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Nevada Noncompete Agreement Projects
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"Ryenne provides excellent service and highly recommended"
Review of Non-Compete Agreement and Severance in Georgia
"Great to work with and very thorough in his review! Thank you!!"
Review Noncompete Agreement
"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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"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
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"Zachary did a great job and delivered his answers quickly."
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.
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
Employment
Noncompete Agreement
New York
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.
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.
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
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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