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: $380.00
- Lawyers available: 244 employment lawyers
- Clients helped: 375 recent noncompete agreement projects
- Avg lawyer rating: 4.97 (96 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
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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.
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Browse Lawyers NowLawyer Reviews for North Dakota Noncompete Agreement Projects
Review Noncompete Agreement
"Very responsive and communicated findings clearly and in depth."
ContractsCounsel User
Review Restrictive-Covenant Agreement for Employee in Massachusetts
"Paul was incredibly helpful in reviewing a non-compete agreement I needed to sign. He helped me understand the key risks, identify what was worth negotiating, and prepare redlines to bring the agreement more in line with Massachusetts law. He was knowledgeable, responsive, and practical throughout the process. I would definitely work with him again."
ContractsCounsel User
Florida LCSW – 1099 Contract, Urgent Non-Compete & Client Solicitation Review
"This was my first time working with a lawyer and it was an extremely positive experience. This matter was extremely urgent and I was able to recieve feedback nearly instantly. I would highly reccomend!"
ContractsCounsel User
Non-Compete Agreement and Employment Offer Review, Pre-signing
"Paul was stellar in every way. Highest recommendation possible; I will be continuing to partner with him. Thank you, Paul."
ContractsCounsel User
Legal Advice Needed for Non-Compete Agreement in Minnesota
"First draft that was delivered didn’t meet expectations. Initially offered to do more work if I paid more. Did agree to take a more comprehensive look and provided services. Very prompt"
ContractsCounsel User
Meet some of our other Noncompete Agreement Lawyers
Alexander M.
Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.
"Very reliable and attentive. Also guided me in detail through the process and was responsive and quick with my request. Thanks Alex!"
Stephen H.
In practice for over 15 years. I am passionate about results and the bottom line. Let me help your business or project today.
"Stephen's review was fast and very detailed. His approach made it clear to me on the pros and cons of the agreement sent from my employer. The red line version of the contract was great and made it very easy to work with my employer on making changes to the agreement"
Zachariah C.
Colorado Springs attorney and entrepreneur dedicated to democratizing access to high quality legal solutions through the transformative power of Artificial Intelligence.
"Great service. Did exactly what he said he would do. I am very satisfied. Straight and to the point service."
July 18, 2025
Connor F.
Connor was born and raised in Coney Island, Brooklyn. He moved to Florida in 2017 after graduating from Brooklyn College with a Degree in Philosophy and Law. He continued his legal studies a at Nova Law School, where he graduated Magna Cum Laude and in the top 10% of his class. While in law school, Connor was an active member of the Nova Trial Team, and he received awards for his litigation and trial advocacy skills. Connor is a skilled litigator and trial attorney. He is known for his public oration skills and conversational courtroom presence. He has both criminal and civil trial experience, and enjoys telling his clients’ stories to the jury to bring about justice. Guided by his deep belief in God, Connor always pursues the most professional and ethical outcome for his clients. He is zealous, scrappy, and tough. He is calm and sensible, yet relentless. When he’s not in the courtroom, Connor is an active member of the community and an experienced musician. He has received numerous achievements for his skills, abilities, and techniques as a harmonica player. He lives in Lake Worth, Florida with his wife, Jen, and their son, Ezekiel.
July 19, 2025
Maricela G.
I’m a Texas-based attorney with extensive experience in business law, real estate transactions, estate planning, probate, and immigration. I focus on providing clear, efficient, and client-focused legal solutions. Whether you're looking to draft, review, or negotiate contracts, I bring a practical mindset and attention to detail to protect your interests and help you move forward with confidence.
July 25, 2025
Shannon Y.
Attorney specializing in Family Law and Small Business Law. Georgetown and London School of Economics alum. Law Degree from UH Manoa Richardson School of Law. Small local business entrepreneur on Oahu for 10+ years.
Business
Noncompete Agreement
Florida
Noncompete agreement and business partners?
I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.
Daniel D.
The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.
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.
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.
Business Contracts
Noncompete Agreement
Florida
Noncompete agreement for consultants?
I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.
Venus C.
Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
Employee Rights
Noncompete Agreement
Florida
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.
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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Non-compete analysis
Location: Utah
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