Non-compete enforceability analysis - how it works

Counteroffer · Answers · non-compete Source: https://trycounteroffer.com/answers/non-compete-enforceability-analysis

Short answer: A non-compete enforceability analysis evaluates whether your specific agreement can actually be enforced against you. The analysis covers: state law (void rules, salary thresholds, statutory requirements), scope reasonableness (duration, geography, activity), consideration adequacy, procedural compliance, legitimate business interest, and federal layer (FTC rule status, NLRA implications). Counteroffer delivers a complete analysis in 24 hours for $199, with cited authority and a clear verdict per clause.

What an enforceability analysis covers

A complete non-compete enforceability analysis evaluates:

State law application. Which state's law governs (factoring in choice-of-law clauses, employee location, choice-of-law analysis for remote workers). Whether that state broadly voids non-competes (CA, ND, OK, MN) or applies thresholds or reasonableness review.

Salary threshold (if applicable). Whether your earnings meet the statutory threshold in WA, IL, CO, OR, DC, or other threshold states.

Procedural requirements. Whether the agreement complied with state-specific notice, right-to-counsel statements, garden leave, and other procedural mandates.

Scope reasonableness. Whether the duration, geographic scope, and activity scope are reasonable under applicable state standards. Identification of overbroad provisions vulnerable to blue-penciling or voiding.

Consideration adequacy. Whether the agreement is supported by sufficient consideration, including the Fifield rule in Illinois and similar requirements elsewhere.

Legitimate business interest. Whether the employer has an identifiable protectable interest that supports the restriction.

Federal layer. Current status of the FTC non-compete rule, NLRA implications under McLaren Macomb, industry-specific federal rules.

Adjacent covenants. Analysis of customer non-solicit, employee non-solicit, confidentiality, and non-disparagement provisions in the same agreement.

Risk assessment. Practical likelihood of enforcement attempt, likely outcome if challenged, recommended response strategy.

What the delivered report looks like

The format follows the same structure as all Counteroffer reviews:

Cover page with your situation and review ID
Summary box: enforceability verdict, top concerns, recommended posture
Detailed analysis of each restrictive covenant with verbatim clause, plain-English explanation, state law application, cited authority, and verdict
Action plan: documentation to preserve, recommended next steps, escalation criteria
Sources cited (statutes, cases, federal rules)

The report is built to be shared with new employer counsel, providing the structured legal analysis they'll want to see before clearing your start.

How it differs from raw ChatGPT analysis

Raw AI without curated training and human audit consistently misses:

State-specific case law (Fifield in Illinois, BDO Seidman in NY, McLaren Macomb federally)
Recent legislative changes (CA 2024 amendments, MN 2023 ban, FTC rule status)
Industry-specific rules (attorney, physician, broker non-competes)
Procedural defects in specific state statutes (MA 10-business-day notice, IL 14-day notice)
Choice-of-law analysis for remote workers

Counteroffer's analysis is trained on attorney-drafted contracts and indexed against current case law, statutes, and federal rules. A human reviewer audits before delivery.

What we don't do

We don't represent you in litigation
We don't communicate with your former or new employer
We don't provide legal advice (Counteroffer is a contract analysis service, not a law firm)
We don't handle active enforcement situations (cease-and-desist received within 30 days, active litigation): we refer to vetted attorneys instead

Pricing

$199 flat fee, delivered in 24 hours
$498 for analysis + 30-minute strategy session
Full refund if we miss a material issue

What to do next

If you want a delivered enforceability analysis of your specific non-compete, see Non-Compete Review. The report is built to be shared with new employer counsel and provides structured legal analysis with cited authority.

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.