# What's a reasonable non-compete geographic scope? > Counteroffer · Answers · non-compete > Source: https://trycounteroffer.com/answers/reasonable-non-compete-geographic-scope **Short answer:** Reasonable geographic scope matches the employer's actual market and the employee's actual territory. Restrictions limited to specific cities, regions, or states where the employee worked are typically enforceable. Continental or national scope is presumptively overbroad for most roles. For remote workers, the geographic question is increasingly unsettled; the scope should track actual customer locations and the employee's actual market reach. ## How courts evaluate geographic scope Courts apply reasonableness review to geographic scope by asking: - Is the scope tied to the employer's actual market presence? - Is the scope tied to the employee's actual work territory? - Does the scope prevent the employee from earning a living in their industry? - Is the scope necessary to protect a legitimate business interest? A well-justified scope is one where the employer can identify specific customers, markets, or competitive activity that occurs within the geographic area, and where the employee's restriction is necessary to protect that interest. ## Common scope types and enforcement **Specific cities or counties.** Strong basis for enforcement if the employee worked in that area. Typical for sales territories, retail, or service-area businesses. Often enforced. **Specific states.** Common when the employer has state-level operations. Typically enforceable if the employer can show actual business presence in those states. **Regional restrictions (Northeast, Pacific Northwest).** Moderate enforcement. Depends on whether the employee actually worked across the region. **National (United States).** Presumptively overbroad for most roles. Enforceable only if the employee had national responsibility (national sales, national product leadership). Often blue-penciled to specific states or regions. **Continental (North America).** Almost never enforceable for ordinary employment. Sometimes blue-penciled to a narrower scope. **Global.** Essentially never enforced for ordinary employment. ## What matters in the analysis For a court to enforce a non-compete on geographic scope: 1. The employer must have actual competitive presence in the area 2. The employee must have actually worked in or affecting that area 3. The scope must be no broader than necessary to protect the interest The first prong matters because the employer cannot claim protection in markets it doesn't operate in. The second prong matters because employees who worked in one region can't be restricted from competing in unrelated regions. For example: A regional sales rep for a company that operates only in California cannot be enforceably restricted from competing in Texas. The employer's interest doesn't extend to Texas; the employee's protectable role didn't reach Texas; the restriction would be overbroad. ## Customer-based restrictions Some non-competes use customer-based restrictions instead of geographic scope: > "Employee shall not solicit business from any customer of Company within [number] months of separation, regardless of geographic location." This is technically a customer non-solicit, not a non-compete. It's typically narrower and more enforceable than full geographic non-competes because it directly maps to the customer goodwill interest. For sales-heavy roles, customer-based restrictions are often more appropriate than geographic restrictions because the protectable interest is the customer relationships, not the geography. ## Remote work complications The rise of remote work has made geographic scope analysis more complex: - If the employee lives in California but the employer operates in Florida, which geographic scope applies? - If the employee serves customers across multiple states from a home office, what's the "actual market"? - If the employee has no physical office and works across timezones, how do you define "where they worked"? Courts are still developing answers, but the trends are toward: - The employee's actual residence and work location matter more than the employer's headquarters - Customer location and employee market reach matter more than abstract geographic descriptions - State protective laws (especially California's § 16600) apply based on where the employee works, not where the employer is based For remote workers, particularly negotiating in non-California jurisdictions, geographic scope is increasingly contested. See [Can my non-compete be enforced if I work remotely?](/answers/non-compete-remote-work) for more. ## Negotiating geographic scope When negotiating geographic scope: **Default position:** Remove geographic restriction entirely and replace with customer non-solicit. Customer non-solicits are narrower and easier to live with. **If geographic restriction stays:** Limit to specific states or cities where you actually worked. Avoid regional or national language. **For sales roles:** Limit to your actual territory in the 12 months before separation, not the employer's full market. **For remote workers:** Limit to where you provided services, not where the employer is headquartered. Cite remote-work considerations. **For senior executives:** May need broader scope but should still be tied to actual market presence; push for time-limited rather than geographic-limited. Counter language: > "Geographic scope shall be limited to the states or metropolitan areas in which Employee actually performed services in the 12 months preceding separation, as documented by Employee's expense records and time tracking." This ties the scope to verifiable facts rather than aspirational employer interests. ## What to do next If you want a delivered analysis of your non-compete's geographic scope against your actual work history and the employer's actual market presence, we deliver one in 24 hours for $199. See [Non-Compete Review](https://trycounteroffer.com/non-compete). --- ## Related answers - [What's a reasonable non-compete duration?](https://trycounteroffer.com/answers/reasonable-non-compete-duration) - [Can my non-compete be enforced if I work remotely?](https://trycounteroffer.com/answers/non-compete-remote-work) - [What makes a non-compete unenforceable?](https://trycounteroffer.com/answers/what-makes-non-compete-unenforceable) ## 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._