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Non-compete or restrictive covenant agreement

Review a non-compete before you sign it

A non-compete is only as strong as the narrowest reading a court will give it, and the gap between what these clauses say and what they can actually do is enormous. The problem is that the chilling effect works anyway: most people never test the clause, they just turn down the job.

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For employees, executives and founders facing restrictive covenants.

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What we check in a non-compete or restrictive covenant agreement

Every review of this contract type runs the full checklist, then reports what it found with the clause quoted and the line number.

  • Duration, and how it compares with what is customary for the role
  • Geographic scope, and whether it is defined by territory or by customer contact
  • Activity scope - the whole industry, or the specific work you did
  • Whether the restriction is supported by consideration
  • The jurisdiction stated, and the enforceability test that applies there
  • Whether garden leave is set off against the restricted period
  • Non-solicitation of customers, distinguished from non-solicitation of employees
  • A no-hire clause covering people who approach you unprompted
  • Blue-pencil or severability wording that lets a court narrow rather than strike the clause
  • Whether the employer must pay you during the restricted period

Red flags we see most often

These are the specific terms that turn a routine non-compete or restrictive covenant agreement into an expensive one.

  • No geographic limit, or a limit described as "worldwide"
  • A duration longer than twelve months for a non-executive role
  • A restriction covering the entire industry rather than your actual role
  • A non-compete introduced after employment started with no new consideration
  • No set-off of garden leave against the restricted period
  • A clause preventing you accepting approaches you did not solicit
A non-compete or restrictive covenant agreement with clauses highlighted by risk level, each mapped to a ranked finding with its risk chip and clause reference.
Every clause located, scored, and tied back to the exact text it came from.

What you get back

Not a summary of what the contract says. A list of what to change, and the wording to change it to.

1

Risk score and verdict

A calibrated 0–100 score with a one-line verdict. Clean documents score low — the score is only useful if it can say "this is fine".

2

Findings with the quote

Each issue names the clause, quotes it verbatim, explains the consequence in your contract's own numbers, and says how far it deviates from market standard.

3

Pasteable redlines

Replacement wording drafted for each issue, ready to send back to the other side.

4

What's missing

The standard protections for this contract type that your document does not contain.

5

Deadlines to calendar

Every date and trigger that costs you something if you miss it, with the consequence spelled out.

6

Negotiation playbook

Your asks in priority order, the reason to give for each, and the fallback position if they refuse.

Questions about non-compete or restrictive covenant agreements

Is my non-compete enforceable?

That turns on where you work, what you earn and how the clause is drafted. California voids non-competes for almost all employees; several US states set compensation thresholds and notice requirements; English courts enforce a covenant only so far as it goes no further than necessary to protect a legitimate business interest. Our review identifies the stated governing law and applies the right test, then tells you which parts of the clause are the weak points.

What is the difference between a non-compete and a restrictive covenant?

Restrictive covenant is the umbrella term for post-termination restrictions. A non-compete is one type. Non-solicitation, non-dealing and no-hire clauses are others, and they are far more likely to be enforced because they are narrower.

Can I negotiate a non-compete out of an offer?

Sometimes entirely, more often down. Narrowing the definition of competing business to your actual role, cutting the duration, and adding a set-off for garden leave are all routine asks. Employers concede them more readily than candidates expect, because the clause is usually boilerplate rather than considered.

Does garden leave count towards my non-compete period?

Only if the contract says so. A set-off clause is standard in well-drafted agreements and absent from many; without it you can serve six months of paid garden leave and then start a twelve-month restriction on top.

Review your non-compete or restrictive covenant agreement now

$49, no account, about two minutes. See a complete sample report first if you want to judge the depth before paying — and if yours finds nothing you can act on, we refund it.

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