Utah Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Utah)
- Avg cost to review a Non-Compete Agreement: $540.00
- Lawyers available: 22 Utah employment lawyers
- Clients helped: 8 recent noncompete agreement projects in Utah
- Avg lawyer rating: 5.0 (3 reviews)
Is a Non-Compete Agreement Enforceable in Utah?
Yes. Non-compete agreements are enforceable in Utah; however, these restrictive covenants are subject to limitations and regulations. To be enforceable, a Utah non-compete agreement must be reasonable. The Supreme Court of Utah has established four rules to test reasonability:
- Consideration. All non-compete agreements must be supported by adequate consideration.
- Good faith negotiations. The contract must be entered into in good faith.
- Necessary to protect business interests. The non-compete must be necessary to protect the employer’s legitimate business interests.
- Time and area. The agreement must designate a specific duration and geographic area.
According to the Utah Supreme Court, protectable business interests are trade secrets, the goodwill of the business, or extraordinary investment in the training of the employee.
How Long Does a Utah Non-Compete Agreement Last?
Utah statutes have placed a maximum duration on non-compete agreements of one year. The one-year term will begin once the employment relationship between the parties is terminated.
How Do You Get Around a Non-Compete Agreement in Utah?
To get around a non-compete agreement or to terminate the contract, employees will need to prove that the agreement is unreasonable under the regulations in state statutes. The employee can argue that the duration or geographic boundary set by the contract is unreasonable or that the non-compete does not protect legitimate business interests.
What Voids a Utah Non-Compete Agreement?
A Utah non-compete agreement will be void if it was not entered into voluntarily. Like all contracts, both parties must enter into a non-compete agreement under their own free will. If an employee was threatened or coerced into signing a non-compete, the entire contract will be void.
Furthermore, the contract must be entered into in good faith. This means that neither party can deceive the other party or entice the other party into signing the contract under false pretenses. Any proof of fraud will void the non-compete agreement.
Frequently Asked Questions
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Meet some of our Utah Noncompete Agreement Lawyers
Tiffany S.
Tiffany received her Juris Doctorate from the J. Reuben Clark Law School, Magna Cum Laude. She is admitted to the Utah State Bar and the New Mexico State Bar. She practices in the areas of real estate, general business, business formation, employment agreements, and civil litigation.
"Overall great experience, Tiffany was very easy to work with even though we are in different time zones."
Jared S.
I'm a business and estate planning attorney with more 20 years of experience. I started in private practice and as a prosecutor, then spent years as in-house counsel for an international oil and gas company. Today I run Flex Legal Services in Orem, Utah, where I draft and negotiate contracts, handle business transactions, and serve as fractional general counsel for companies that want steady legal guidance without a full-time hire. I also help families put practical estate plans in place. I'm licensed in Utah, and I speak English and Spanish.
Richard M.
Richard "Rick" Mortensen has practiced law continuously in Utah since 2006. For most of that time, he worked in-house, including stints at two international mining companies, two direct selling/MLM companies, a large ecommerce retailer, and an accounting/fintech firm. He also has extensive litigation experience, having represented plaintiffs and defendants in every stage of litigation, including jury trials and appeals. His current role is as a fractional general counsel for businesses of all sizes.
"This was my first commercial lease, and the contract was lengthy and complicated, so I’m very glad I had Rich to help me through it. He was professional, patient, and took the time to explain everything clearly. Since English is my second language, that meant a lot to me. Rich was very thorough in reviewing the contract and took the time to have regular calls with me to walk through questions and details. He also communicated directly with my leasing agent when needed, which helped keep things moving and get some of the issues sorted out. I really appreciated the time and attention he gave throughout the process. His guidance made me feel much more comfortable with my first commercial lease, and I would definitely recommend him to others."
Jared F.
Jared Fields is an experienced business lawyer and litigator with experience in diverse industries and practice areas. Prior to launching his own practice, he served as the chief legal officer for a group of privately-owned companies, including a real estate development group, construction companies, multiple franchisees, and a professional soccer team. As a result, he is experienced in real estate transactions, commercial agreements of varying degrees of sophistication, employment matters, and litigation, as well as general business legal advice. He was also an in-house attorney for a renewable energy company, where he was responsible for litigation, investigations, enforcement actions, and related securities filing disclosures. Mr. Fields also spent many years as a litigator in private practice, representing clients in matters ranging from securities litigation, to breach of contract, to cases involving real estate and financial services. Mr. Fields has particular experience in legal matters that may involve complex financial, accounting, valuation, and other quantitative issues.
"It has been such a refreshing experience working with Jared. Highly Recommended!"
November 5, 2023
Darren W.
My main focus is estate planning and business transactions, but I have had many practice areas throughout my career, including criminal defense and prosecution, civil litigation from neighborhood squabbles to corporate contentions. I have also worked in bankruptcy, family law, collections, employment law, and personal injury. I stand ready to assist in any area to which I feel I can be of service, but will not try to fake it if I do not know the area of law I am being asked to serve in.
August 23, 2025
Alexander C.
I am a solo practitioner that runs my own legal practice. I am currently licensed in 16 states and I'm working to expand that reach.
Bryan F.
October 21, 2025
Bryan F.
Business and Transaction focused attorney with 25+ years of experience in matters ranging from real estate and land use, energy and oil & gas, business acquisitions, mergers & acquisitions, contracts and capital financing.
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Browse Lawyers NowLawyer Reviews for Utah Noncompete Agreement Projects
Review of Non-Compete Agreement for Nurse Practitioner in Florida
"Reviewed my employment agreement and possible conflict with a job well."
Review Noncompete Agreement
"I apprecited Lori's communication and promptness."
Review Noncompete Agreement
"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."
Reply From Valerie I.
It was a pleasure serving you! Looking forward to helping you in the future.
View MoreReview Employment Agreements and Non-Compete
"Very helpful and reassuring!"
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.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and change of control?
I recently accepted a new position with a company that has requested that I sign a noncompete agreement. I understand the agreement and the limitations it puts on me, but I am concerned about how the agreement would be affected if the company is sold or changes ownership in the future. I would like to understand my legal rights in the event of a change of control.
Thomas L.
If the future company buys the equity of your current employer, the Non-Compete continues in effect. If the future company buys the assets, the Non-Compete is terminated. I would request a sentence be added to the effect that "if there is a change of control of the Company (meaning more than 50% of the equity interest or 50% of the voting equity control) is sold or transferred, then this Non-Compete Agreement is terminated.
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.
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.
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.
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