Ask the Expert: Non-Compete Agreements

Shayna Balch was quoted on AZ Central on February 14, 2015. The article “Ask the Expert: Non-Compete Agreements” discussed Non-compete Agreements in Arizona.

Shayna said, Non-competes are generally enforceable in Arizona so long as they are no broader than necessary to protect an employer's legitimate protectable interests. Generally speaking, this means that a non-compete must be reasonable in time, usually 12 months or less, and be reasonable as to geographic scope, usually less than a nationwide, statewide or county-wide scope.

Of course, these factors can vary widely depending on your particular position and industry. This analysis is also highly fact specific and each non-compete must be considered on a case-by-case basis. Here, I simply don't have enough information to determine whether your agreement is enforceable. I would need to review the actual agreement and obtain more information about your industry and what position(s) you have held within your organization.

Your best bet is to bring your non-compete agreement to an experienced employment attorney who can analyze your specific agreement and discuss its potential enforceability with you.

Interestingly enough, most of the non-compete agreements I review are actually overbroad and unenforceable due to poor drafting.

To read the full article, please visit AZ Central.