Non-Compete, Enforcement Period Provision

Any time during which you violate any of these restrictions will not be counted in determining the time during which the restrictions apply. For example, if you were to comply with the restriction for all except the last four months of the restrictions, and then join a competing business in violation of the restrictions in this agreement and work for that business for a month before court enjoined this violation, then the remaining four months of the restriction would begin when the injunction was issued. The month during which you violate the restrictions would not be included in the time that the restriction is to apply.

Jurisdiction-variance notice (add to every non-compete-related clause used): Non-compete restrictions are void or unenforceable as a matter of state law in California, Minnesota, North Dakota, and Oklahoma, and Washington's near-total ban takes effect June 30, 2027. Several other states (e.g., Illinois, Colorado, Maine, Maryland, New Hampshire, Oregon, Rhode Island, Virginia, and Washington, D.C.) impose salary thresholds, advance-notice requirements, or other conditions on enforceability. Confirm the current rule in the executive's home state -- and any state where the restriction would be enforced -- before relying on this clause; in a ban state, no drafting choice makes a non-compete enforceable.

General information, not legal advice. Treat this as a drafting starting point, not a finished policy — employment law varies by jurisdiction and changes often, so have a licensed attorney tailor it to your situation before you rely on it.

AI Policy Drafter

Need to draft your own Non-Compete, Enforcement Period policy? Do it here — free

Free access for HR professionals and corporate counsel. Complete the form below to apply.

Personal email domains (Gmail, Yahoo, etc.) are not accepted.

Submitting this form subscribes you to the ELINFONET newsletter. You may unsubscribe at any time.

Only your email address is retained after verification. All other information is used to confirm your professional credentials and then discarded.