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Non-competes vary more than most employers expect

The same clause can be fully enforceable in one state and void in another.

Enforceability is a matter of state law, and the states differ sharply. Some enforce reasonable restrictions; California voids most employee non-competes outright.

A national template applied to a distributed workforce therefore produces different results for different employees, and an unenforceable clause can undermine the confidentiality terms sitting next to it.

Where the goal is protecting customer relationships and confidential information, a well drafted non-solicit and confidentiality agreement usually travels better than a broad non-compete.

This note is general information, not legal advice, and it does not create an attorney-client relationship. Whether any of it applies to your situation depends on facts this article does not know.

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