# 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](https://trycounteroffer.com/non-compete). The report is built to be shared with new employer counsel and provides structured legal analysis with cited authority.

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## Related answers
- [Non-compete review service - what to expect](https://trycounteroffer.com/answers/non-compete-review-service)
- [How to check if my non-compete is enforceable](https://trycounteroffer.com/answers/how-to-check-non-compete-enforceability)
- [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._