Tennessee Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers (Tennessee)

Is a Non-Compete Agreement Enforceable in Tennessee?

Yes. In Tennessee, non-compete agreements are enforceable if the contract is used to protect and legitimate business interest and is reasonable. Courts will determine whether a non-compete is reasonable based on the following factors:

  • Employer's interests. The employer must be faced with a threat to their business in the absence of a non-compete agreement.
  • Employee hardship. The contract cannot impose economic hardship on the employee.
  • Consideration. The agreement must be supported by adequate consideration.
  • Public interest. The agreement cannot negatively affect the public.

When determining whether to enforce a non-compete agreement, courts will also consider the information that the employer is seeking to protect. There must be a legitimate business interest like trade secrets. Non-compete agreements cannot be used solely to prevent reasonable competition.

How Long Does a Tennessee Non-Compete Agreement Last?

Courts in Tennessee have ruled that two years is a reasonable length of time for a non-compete agreement to last. Under a two-year non-compete agreement, the geographic boundary can extend nationwide as long as the employer’s business has a presence nationwide.

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

To get around a non-compete agreement in Tennessee, an employee will need to prove that the agreement is unreasonable. If the employee is facing undue hardship because of the agreement or the terms of the agreement are overly restrictive, they may be able to convince a court to terminate the contract.

What Voids a Tennessee Non-Compete Agreement?

A non-compete agreement in Tennessee will be void if an employee was wrongfully terminated. When an employee is fired in good faith, an employer can usually enforce a non-compete agreement. However, if the employee signs the non-compete agreement and is terminated shortly after, a court may find the contract void because it was not signed in good faith.

Frequently Asked Questions

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Utah Non-compete analysis Review
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California Non-Compete agreement Review
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California Employment non compete question session Drafting
  • California
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Florida Review Noncompete Agreement Review
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Texas Non-compete settlement agreement Review
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Illinois confidentiality and non-compete agreement review Review
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  • $599 - $850
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Forest H.

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Nashville, TN
28 Yrs Experience
Licensed in TN FL, TX
Washington and Lee University

Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.

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Jessee B.

Attorney & Founder of Creative Counsel Law
Tennessee
13 Yrs Experience
Licensed in TN
The University of Memphis—Cecil C. Humphreys School of Law | Juris Doctor, Law)

Whether you’re a founder, business owner, creative professional, creator, entertainer, influencer, podcaster, content creator, athlete, artist, actor, model, musician, startup, nonprofit, or entrepreneur, Creative Counsel Law is here to help you launch, scale, and protect your brand. We understand the unique challenges and opportunities of turning your vision into reality. That’s why we provide legal expertise, personalized counsel, and innovative solutions designed to meet your needs. Services include: > Creative Industry Counsel: Legal guidance for creators and creative professionals related to branding, design, writing, film, music, art, entertainment, social media, e-commerce, marketing, advertising, Name, Image, & Likeness (NIL), intellectual property, content creation, ownership, licensing, collaboration agreements, brand development and protection. > Fractional General Counsel: Ongoing legal guidance and support for businesses of all sizes. > Business Formation, Support & Legal Strategy: Tailored legal services and support to meet your business needs, including entity formation (partnerships, LLCs, corporations), corporate governance, compliance, strategic planning, financing, mergers and acquisitions, transactions, risk management, employment agreements, operational contracts, and regulatory guidance. > Intellectual Property: Trademark and copyright search, registration, renewal, and strategic solutions to safeguard your brand, creative assets, and intellectual property rights. > Contract Review, Drafting, & Negotiations: Drafting, reviewing, and negotiating agreements to protect your interests and advocate for the compensation you deserve; employment contracts, partnership agreements, vendor contracts, licensing deals, confidentiality agreements, joint venture agreements, service agreements, and more. > Startup & Nonprofit Guidance: Compliance strategies and support for growth and sustainability. > Real Estate Assistance: Guidance and expertise for property title issues, purchases, sales, leasing, contract negotiations, and compliance with real estate laws and regulations. At Creative Counsel Law, we combine legal expertise with a client-centered approach to empower innovators and entrepreneurs across industries. Your vision deserves a legal partner who understands both your business goals and your creative passions. Want to work together? Reach out to hello@creativecounsellaw.com and let us know what you need help with.

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Rebecca R.

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St. Petersburg, FL/Nashville, TN
25 Yrs Experience
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University of Tennessee College of Law

Experienced attorneyin leasing, NDA, family law, commercial real estate, immigration and employment . Well versed in internal and external policy document and manual creation.

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Christina S.

Managing Attorney
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Kingsport, TN
15 Yrs Experience
Licensed in TN
Appalachian Law School

I am an attorney who has been practicing for over a decade, experienced in multiple areas of law, both from a litigation and more procedural side. The great thing about my practice is that it has trained me to deal with so many different types of problems and to find solutions in a variety of legal scenarios that are almost never similar.

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Amos M.

Principal
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Nashville, TN
18 Yrs Experience
Licensed in TN GA
Mississippi College School of Law

Since 2008, I have worked to assist clients in solving problems and addressing challenges that inevitably arise as a business grows - both anticipated and unexpected. My experience in Georgia and Tennessee in both drafting contracts and enforcing them via litigation and/or arbitration has provided clients with unique insights that help them anticipate problems and inform their decisions from start to finish.

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Lawyer Reviews for Tennessee Noncompete Agreement Projects

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"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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Employer

Noncompete Agreement

Florida

Asked on Jul 6, 2023

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.

Answered Jul 21, 2023

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?

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

California

Asked on May 21, 2023

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.

Answered May 30, 2023

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.

Read 1 attorney answer>

Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

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.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

Read 1 attorney answer>

Employment

Noncompete Agreement

Delaware

Asked on Dec 12, 2023

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.

Answered Dec 16, 2023

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

Read 1 attorney answer>

Employer

Noncompete Agreement

Connecticut

Asked on Jul 13, 2023

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.

Answered Jul 21, 2023

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.

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