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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Employee Rights

Noncompete Agreement

California

Asked on Sep 12, 2022

i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

Read 1 attorney answer>

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>

Employment

Noncompete Agreement

Connecticut

Asked on Jun 3, 2023

Noncompete agreement and promotions?

I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.

Thomas L.

Answered Jun 16, 2023

It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.

Read 1 attorney answer>

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.

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Employee Rights

Noncompete Agreement

Florida

Asked on Jun 29, 2023

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.

Answered Jul 25, 2023

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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