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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Nicholas M. on ContractsCounsel
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Nicholas M.

President/Attorney
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16 Yrs Experience
Licensed in VT CT, ME, NH, RI
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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Brittany B.

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Upton, Massachusetts
14 Yrs Experience
Licensed in VT MA, WI
University of St. Thomas

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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Bobby E. Hill, Jr. is a native of Tuscaloosa, Alabama and holds undergraduate degrees in music and business administration from Xavier University of Louisiana. He received his Juris Doctor from the University of Miami School of Law where he was a staff and articles editor for the school’s Race & Social Justice Law Review and a student attorney in the institution’s Immigration Clinic. In addition to freelancing, Bobby is currently a litigation associate at Johnson & Freeman, LLC, a boutique litigation firm in Atlanta, Georgia, where he practices in the firm's Condemnation, Probate, Real Estate Litigation, Real Estate Transactions, E-Discovery and Business and General Civil Litigation Practice areas. In this role, Bobby has acquired appreciable experience in drafting memoranda of law for partners and senior counsel, and all litigation related pleadings including pleadings related to dispositive motions, discovery, appeals, and other post-judgment relief.

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Business

Noncompete Agreement

Florida

Asked on Jul 12, 2023

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.

Answered Aug 4, 2023

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.

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Employment

Noncompete Agreement

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Asked on Jul 25, 2023

Noncompete agreement and public policy?

I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.

Merry K.

Answered Aug 8, 2023

If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.

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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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Employment

Noncompete Agreement

Colorado

Asked on Mar 31, 2021

Can I get out of my noncompete agreement?

I am looking at my options.

Donya G.

Answered Mar 31, 2021

You may be able to be released from a non compete. You would have to review the language in the non compete to see the expiration. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

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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.

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