Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Vermont?

In Vermont, non-compete agreements are permitted for the purposes of protecting an employer’s legitimate business interests. To be enforceable, Vermont courts require that non-compete agreements are reasonable and no more restrictive than necessary than to protect an employer’s business. In addition, non-compete agreements cannot go against public policy or unnecessarily restrict the rights of an employee to earn a living.

Unlike other states that clearly define the term “reasonable” and create specific rules, Vermont courts have decided that what is reasonable varies upon the industry so whether a non-compete is enforceable will be determined based on the specific facts of the case.

How Long Does a Vermont Non-Compete Agreement Last?

In past cases, Vermont courts have ruled that five years is a reasonable duration for a non-compete when the geographic boundary is limited to the specific county in which the employer is located.

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

A legally enforceable non-compete agreement may be tough to get around, but employees can explore the following options:

  1. Negotiate with your employer for less restrictive terms.
  2. Work outside the geographic boundary listed in the non-compete agreement.
  3. Attempt to prove to a court that the agreement is unreasonable and overly broad or restrictive.

Vermont courts will not “blue pencil” or amend unreasonable non-compete agreements. If an employee can prove that even one part of the contract is unenforceable, the entire contract will be struck down.

What Voids a Vermont Non-Compete Agreement?

A Vermont non-compete agreement will be void if the restrictions in the agreement are greater than necessary to protect the business interests of the employer. Non-compete agreements must strike a balance between protecting the employer but also allowing the employee enough freedom to earn a living.

Non-compete agreements that are overly restricted or have been created with the purpose of simply limiting competition will usually be deemed void.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in Vermont?

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The Catholic University of America, Columbus School of Law

Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

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I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.

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Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

Noncompete agreement choice of law?

I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

Venus C.

Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

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>

Employee Rights

Noncompete Agreement

Texas

Asked on Jun 3, 2023

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.

Answered Jun 6, 2023

If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.

Read 1 attorney answer>

Employment

Noncompete Agreement

Washington

Asked on Jul 11, 2023

Noncompete agreement termination options?

I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.

Merry K.

Answered Aug 15, 2023

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

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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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