# How to check if my non-compete is enforceable > Counteroffer · Answers · non-compete > Source: https://trycounteroffer.com/answers/how-to-check-non-compete-enforceability **Short answer:** Check enforceability by walking through five questions in order: (1) Does your state void or restrict non-competes broadly? (2) Do you meet the salary threshold if your state has one? (3) Did the agreement comply with state-specific procedural requirements? (4) Is the scope (duration, geography, activity) reasonable? (5) Did you receive adequate consideration? If the answer to any of these is unfavorable, the non-compete may be unenforceable. For a thorough analysis with cited authority for your specific situation, use a contract review service or employment attorney. ## The 5-question diagnostic Walk through these questions in order. A "no" or unfavorable answer at any step is a serious indicator that the non-compete may be unenforceable. ### 1. Does your state broadly void or restrict employee non-competes? If yes, the non-compete may be unenforceable as a matter of state law: - **Broadly void**: California, North Dakota, Oklahoma, Minnesota (post-2023) - **Restricted by salary threshold**: Washington ($116,594.17), Illinois ($75K), Colorado ($124,500), Oregon (~$108K), DC ($150K) for 2024 - **Strict procedural requirements**: Massachusetts (post-October 2018) For these states, additional analysis may be moot or simpler. Document your state of employment and consult state-specific resources. ### 2. Do you meet your state's salary threshold (if applicable)? If your state has a salary threshold and you're below it, the non-compete is generally unenforceable regardless of any other factor. Earnings include base salary plus earned bonuses and commissions, computed on an annualized basis from W-2 reported income. If your earnings are below the relevant threshold for your state, the analysis is largely complete: the non-compete shouldn't be enforced against you. ### 3. Did the agreement comply with state-specific procedural requirements? Several states require specific procedural steps for non-compete enforceability: - **Massachusetts**: 10-business-day notice before signing, statement of right to consult counsel - **Illinois**: 14-day notice before signing or before becoming effective, statement of right to consult counsel - **Washington**: Written notice at offer of employment, or additional consideration if added mid-employment - **Oregon**: Written notice 2 weeks before start date If your agreement failed to comply with applicable procedural requirements, the non-compete is unenforceable for that defect. ### 4. Is the scope reasonable? Check each scope dimension: - **Duration**: 6 months or less is generally fine; 12 months is typical; 18 months is heavily scrutinized; 24+ months is rarely enforced - **Geography**: Should match the employer's actual market and your actual territory; continental or national scope is presumptively overbroad - **Activity**: Should be tied to specific competitive activity, not employment in the industry generally - **Legitimate business interest**: The employer must identify a specific protectable interest (trade secrets, customer goodwill, specialized training) Overbroad scope often makes the agreement vulnerable to blue-penciling (narrowing by court) or voiding (depending on state). ### 5. Did you receive adequate consideration? For at-hire agreements, the job offer itself is sufficient consideration. For mid-employment agreements: - **Illinois (Fifield rule)**: Continued employment of less than 2 years is generally insufficient; new compensation, equity, or promotion required - **Pennsylvania, Washington, others**: Specific additional consideration required - **Most states**: At least some consideration beyond continued employment If you signed mid-employment without receiving new compensation, equity, or promotion specifically tied to signing, the non-compete may be unenforceable for lack of consideration. ## Examples **Example 1: California software engineer** - State: California - Step 1 conclusion: California broadly voids employee non-competes under § 16600 - Result: Non-compete almost certainly unenforceable. Document residence and work location. **Example 2: Illinois sales rep earning $60,000** - State: Illinois - Salary: $60,000 - Step 2 conclusion: Below Illinois threshold ($75,000) - Result: Non-compete unenforceable due to salary threshold. Document earnings. **Example 3: Massachusetts marketing manager signed mid-employment, October 2020** - State: Massachusetts - Agreement signed mid-employment - No garden leave; no specific notice; right-to-counsel statement missing - Step 3 conclusion: Procedural defects under G.L. c. 149 § 24L - Result: Non-compete likely unenforceable for procedural defects. **Example 4: Texas senior engineer with 24-month non-compete, continental geography** - State: Texas - Salary above threshold (no Texas threshold anyway) - No procedural defects - 24-month duration, "any company that competes" activity scope, "United States" geographic scope - Step 4 conclusion: Scope likely overbroad on duration, geography, and activity - Result: Non-compete likely blue-penciled to 12 months, narrower geography, narrower activity scope under Texas law. Some portion may remain enforceable. ## When the 5-question check isn't enough The diagnostic above covers the most common bases for unenforceability. For specific or complex situations, you'll want a more thorough analysis: - Choice-of-law conflicts (different states for signing, work location, residence) - Recent legislative or case law developments - Industry-specific rules - Active litigation or enforcement context - Federal FTC rule status interaction with state law For situations where the stakes justify more thorough review, a delivered enforceability analysis covers all these factors with cited authority. See [Non-Compete Review](https://trycounteroffer.com/non-compete). $199, 24 hours. --- ## Related answers - [Non-compete enforceability analysis - how it works](https://trycounteroffer.com/answers/non-compete-enforceability-analysis) - [What makes a non-compete unenforceable?](https://trycounteroffer.com/answers/what-makes-non-compete-unenforceable) - [Are non-competes enforceable?](https://trycounteroffer.com/answers/are-non-competes-enforceable) ## Get your contract reviewed If you want a delivered review of your specific document with cited authority and counter language, see https://trycounteroffer.com/non-compete. Last updated: Sun May 31 2026 00:00:00 GMT+0000 (Coordinated Universal Time) _Counteroffer is a contract analysis service, not a law firm. This page is informational, not legal advice._