North Dakota Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $550.00
- Avg cost to review a Non-Compete Agreement: $360.00
- Lawyers available: 233 employment lawyers
- Clients helped: 328 recent noncompete agreement projects
- Avg lawyer rating: 4.98 (85 reviews)
Is a Non-Compete Agreement Enforceable in North Dakota?
No. North Dakota is one of the few states in the United States that prohibits the use of non-compete agreements for employee purposes. Under North Dakota law, contracts that restrain anyone from exercising a lawful profession, trade, or business are void. The only exception to this rule is when a person sells the goodwill of a business.
North Dakota law does allow for non-compete agreements to be used by a person buying a business to restrict the seller from carrying on a similar business after the sale is completed. In addition, non-compete agreements can also be used by shareholders and partners when dissolving a business entity.
How Long Does a North Dakota Non-Compete Agreement Last?
The North Dakota Supreme Court has ruled that 10 years or less is a reasonable duration for non-compete agreements when selling a business. The courts will look at all the facts and circumstances of a case when determining if a contract duration is reasonable and could possibly strike down agreements with terms less than 10 years.
How Do Business Owners Protect Trade Secrets in North Dakota?
Although North Dakota does not allow non-compete agreements, they do allow employers to protect confidential business information like trade secrets. These are a few ways business owners can protect their interests:
- Implement an employment contract or employee handbook that clearly states all information and work product are owned by the company.
- Protect work product and information by ensuring it is protected as a trade secret under North Dakota trade secrets law.
- Have employees sign non-disclosure agreements which as of now, are still legal.
What Voids a Non-Compete Agreement in North Dakota?
Like any contract, North Dakota non-compete agreements must adhere to all of the laws governing contracts in the state. Every contract must include an offer, acceptance and consideration. In addition, the contract must be entered into voluntarily free from coercion or fraud.
Frequently Asked Questions
See Noncompete Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Non-Compete Agreement Projects
California Employment non compete question session Drafting
- California
- 6 lawyer bids
- $249 - $500
California Review non-compete clauses for Blockchain Startup Offer Letter Review
- California
- 6 lawyer bids
- $150 - $400
Florida Review Employment Contract Non-Compete Clause for Chiropractor Review
- Florida
- 4 lawyer bids
- $150 - $399
See all Non-Compete Agreement projects in North Dakota
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Noncompete Agreement?
Meet some of our North Dakota Noncompete Agreement Lawyers
March 24, 2023
Morgan N.
Morgan is a real estate attorney with six years of experience in residential, land, and commercial real estate transactions. He has experience assisting municipalities, businesses, buyers and sellers in real estate related matters. He has worked on various projects including purchase agreements, contract for deed, easements, mortgages, access agreements, contract/lease review and also title review. Prior to entering private practice, Morgan was a Realtor and assisted buyers and sellers in residential sales and closing services. Morgan provides proactive, responsive and dependable work to each client and project.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for North Dakota Noncompete Agreement Projects
Review Noncompete Agreement
"Great concise and helped me review documents"
Review Non-Solicitation Clause and Draft Preventative Letter in NYC
"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
Legal Advice Needed on Non-Compete in Government Consulting Sector
"Great to work with, thorough, patient, and excellent explanation and detailed information."
Review Noncompete Agreement
"Rey pleased with Zach’s thoroughness."
Meet some of our other Noncompete Agreement Lawyers
Jeffrey W.
Jeffrey W.
I am a business, transactions, contracts attorney. I was the sole in-house attorney for a good-sized staffing company. I can review and create nearly any type of document you need. I enjoy writing, reading, and editing contracts. I want to read your contract. If I cannot do it, I won't take the job and I won't charge you for what I cannot do. However, in reality, unless you need a 225 page financing agreement, is has never been an issue.
Jerome L.
My experience includes 25 years of phone and customer facing customer service; 5 years managing a non profit with a focus in transportation; 10 years commercial/ residential asset management; 15 years project management in logistics and transportation, property management and law office management/civil litigation; 10 years working in the legal field, to include legal practice, marketing, managing office operations, human capital, etc, 5 years as a business and legal consultant, assisting entrepreneurs with business formation, evaluating business plans, partnering them with viable resources for success; and assisting businesses owners with improving business operations, development and customer experience
"Jerome was fantastic! He is very prompt, flexible, and easy to work with. Thank you!"
JEONG SUN K.
More than 15 years of work experience in legal and compliance in the financial sector including Anti-Money Laundering, ethics, and business integrity
"She was extremely hard working and helpful for a very reasonable price. She worked diligently to help me when a deadline was fast approaching. I would highly reccomend her to anyone who wants an attorney that actually cartes about your case and will go the extra mile for your cause!!"
John L.
I have been practising law for over 30 years. I have extensive legal experience in contract disputes and drafting demand letters. I have been lead counsel in over 100 civil and criminal jury trials and have extensive litigation stradegy knowledge. I belive my experience would be of great benefit to any prospective client.
Yi S.
I am an attorney with 10 years of experience providing legal services in U.S. immigration. My comprehensive understanding of immigration regulations has achieved favorable outcomes and helped clients reach their goals. I handle a wide variety of immigration matters including family-based and employment-based non-immigrant and immigrant visas, with a specialization in business visas and particularly EB-5 investor visas, marriage-based petitions, and naturalizations among other immigration services. I am skilled in guiding companies and individuals through the complexities of U.S. immigration policies. Separately, I am licensed as a Florida Real Estate Sales Associate and have over 2 decades of experience with residential leasing, property management, contract work, and Homeowners Associations. I am adept at handling and resolving conflicts as well as facilitating real estate contracts and other transactions.
Tom G.
Tom Gallagher, one of our leading attorneys, has been recognized on numerous occasions as a distinguished lawyer and civil litigator in California. His extensive experience and proven track record have contributed to our firm’s reputation for providing top-notch legal services in areas such as commercial litigation, personal injury, real estate litigation, and corporate law. We strive to offer personalized solutions that meet the unique needs of each client, and we continue to build on our legacy of success. Tom enjoys cooking, biking, travel, surfing, golf, family and relaxing with a good book. Although dedicated to his family life and living a balanced lifestyle, Tom offers a flexible schedule and easy online booking to speak with him directly
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.
Employment
Noncompete Agreement
Missouri
Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?
I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?
Matthew S.
No, this at worst is a civil matter and not a criminal matter. F
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employer
Noncompete Agreement
Florida
How to draft a noncompete agreement?
I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.
Daniel D.
Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?
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.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Noncompete Agreement?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
North Dakota Noncompete Agreement lawyers by city
See All Noncompete Agreement LawyersContractsCounsel User
Review non-compete and proprietary invention agreement
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 15
Number of Bids: 7
Bid Range: $495 - $1,500
User Feedback:
ContractsCounsel User