What's a reasonable non-compete duration?

Counteroffer · Answers · non-compete Source: https://trycounteroffer.com/answers/reasonable-non-compete-duration

Short answer: 6 months is generally reasonable in most jurisdictions. 12 months is typical and usually enforceable. 18 months is heavily scrutinized. 24 months or more is rarely upheld for ordinary employees outside sale-of-business contexts. Massachusetts caps at 12 months by statute; Washington at 18 months. Senior executive non-competes can sometimes reach 18-24 months but require strong consideration.

Duration bands and enforcement risk

Duration	Enforcement likelihood	Notes
3-6 months	High	Almost always reasonable
6-12 months	High	Standard industry practice
12-18 months	Moderate	Subject to scope and interest scrutiny
18-24 months	Low	Often blue-penciled to 12-18
24-36 months	Very low	Rarely enforced outside sale of business
Beyond 36 months	Essentially none	Almost never enforced for ordinary employment

These bands reflect general practice. Specific outcomes depend on state law, scope, legitimate interest, and the employee's role.

Why duration matters

The longer the restriction, the more it interferes with the employee's ability to earn a living. Courts apply heightened scrutiny to longer durations because:

Employee hardship increases with duration
The competitive concern that justifies the restriction usually attenuates over time (customer relationships fade, trade secrets become stale, market conditions change)
Public interest in labor mobility favors shorter restrictions

Most states explicitly or implicitly use a sliding scale: shorter restrictions need less justification; longer restrictions require stronger legitimate interests.

Statutory duration caps

Several states have explicit statutory caps:

Massachusetts: 12 months maximum (extended to 24 months only for breach of fiduciary duty or unlawful taking of property)
Washington: 18 months maximum
Oregon: 12 months maximum
Florida: Statutory presumption of reasonableness only through 24 months for ordinary employees; longer requires affirmative justification

Outside these statutory caps, common-law reasonableness applies in most states, with 12 months as the practical norm.

What employers can do to justify longer

When employers want longer restrictions, they typically need to show:

Senior executive role with broad customer or strategic knowledge
Sale-of-business context (longer restrictions allowed when employee was a seller)
Specialized training the employer invested significantly in
Trade secrets that have long-lasting value
Customer relationships that take longer to attenuate (e.g., complex enterprise sales cycles)

Even with these justifications, durations longer than 24 months are rarely upheld for ordinary employment.

Industry-specific norms

Different industries have different norms:

Tech (engineering, product, design): 6-12 months typical; durations under 12 months are common because skills and trade secrets evolve quickly
Sales: 12-18 months because customer relationships persist longer
Senior executives: 12-24 months for true C-suite roles; less for non-officer titles
Financial services: 6-12 months for non-broker roles; brokers have their own framework under the Protocol for Broker Recruiting
Healthcare practitioners: Specific statutory limits in many states; sometimes restricted to specific geographic radius for limited duration
Sale of business: Often 3-5 years allowed, longer than employment context

Negotiating duration

When negotiating a non-compete:

Always start by requesting removal. The first ask should be no non-compete at all.

Second ask: minimum duration. If the employer insists on a non-compete, propose 3-6 months. Cite peer practice and the employer's actual protectable interest.

Third ask: tied to consideration. If the employer wants longer, the duration should track the consideration. "I'll accept 12 months if you provide garden leave at 75% of base."

Fourth ask: tied to specific conditions. "12 months if I leave for a direct competitor in [specific list]; 6 months otherwise."

Carve-outs: Even within the duration, carve out specific situations (returning to a prior employer, working with prior clients, transitioning to a non-competing role).

Worked example

Senior software engineer at a Series C company. Initial offer includes 24-month non-compete with no geographic limit and "any company that competes with Company" activity scope.

Analysis:

24-month duration: heavily scrutinized in most states, void in MA
No geographic limit: presumptively overbroad
"Any company that competes" activity scope: presumptively overbroad

Counter:

Reduce duration to 6 months
Limit geography to states where the company has actual operations
Limit activity to direct competitors named on an attached list

Most employers will agree to substantial reduction when the original draft is overbroad. The math typically favors negotiation over hard insistence on the broad version.

What to do next

If you want a delivered analysis of your specific non-compete's duration in light of your state's law, role, and the employer's actual protectable interest, we deliver one in 24 hours for $199. See Non-Compete Review.

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.