Non-Compete Agreement Checker
Non-Compete Laws by State (2026)
Selected states showing enforceability status and key restrictions
| State | Status | Income Threshold | Max Duration | Key Note |
|---|---|---|---|---|
| California | Banned | N/A | N/A | Void and unenforceable for all workers |
| Minnesota | Banned | N/A | N/A | Banned effective July 2023 |
| Colorado | Limited | $120,578+ | No cap | Banned below threshold; penalties for violations |
| Illinois | Limited | $75,000+ | No cap | Banned for low-wage; requires consideration |
| Washington | Limited | $116,593+ | 18 months | Employer must pay during restriction |
| Texas | Enforceable | None | No cap | Must be reasonable; tied to consideration |
| New York | Enforceable | None | No cap | Ban bill vetoed 2023; reform expected |
How We Calculate This
This non-compete agreement checker uses established formulas and industry-standard data to provide accurate estimates.
- Enter your specific values into the calculator fields above
- Our algorithm applies the relevant formulas using your inputs
- Results are calculated instantly in your browser — nothing is sent to a server
- Review the detailed breakdown to understand how each factor affects your result
These calculations are estimates based on standard formulas. For critical decisions, always consult a qualified professional.
How to Convert Oven Recipes to Air Fryer
This checker evaluates your non-compete agreement's likely enforceability based on your state's laws, your position level, income, the agreement's duration, and geographic scope. Laws vary dramatically — some states ban non-competes entirely while others enforce them broadly.
The basic rule:
- California, Minnesota, North Dakota, and Oklahoma ban non-competes entirely for nearly all workers
- Colorado, Illinois, Oregon, Washington, and others ban non-competes below specific income thresholds ($75K-$120K+)
- Courts generally look at reasonableness: duration over 2 years, overly broad geography, or restrictions on low-wage workers are disfavored
- The FTC proposed a near-total ban in 2024 but it was blocked by federal courts — the legal landscape continues to evolve
Even in states where non-competes are enforceable, courts often narrow overly broad agreements. Many employers include non-competes they never intend to enforce. However, the chilling effect is real — always consult an employment attorney before assuming your non-compete is unenforceable.
When Would You Use This Calculator?
This non-compete agreement checker is designed for anyone who needs quick, reliable estimates without complex spreadsheets or professional consultations.
- When you need a quick estimate before committing to a purchase or project
- When comparing different options or scenarios side by side
- When planning a budget and need to understand potential costs
- When you want to verify a quote or estimate you've received from a professional
- When teaching or learning about the concepts behind these calculations
Frequently Asked Questions
How does Nebraska handle this differently?
Nebraska has its own specific rules, rates, and limits that may differ significantly from federal guidelines or other states. This calculator uses Nebraska-specific data where available. Always verify with a local professional for important decisions.
Which states ban non-compete agreements?
As of 2026, California, Minnesota, North Dakota, and Oklahoma effectively ban non-compete agreements for employees. Colorado bans them for workers earning under ~$120K. Illinois bans them under $75K. Washington bans them under ~$116K. Oregon bans them under ~$113K and limits duration to 12 months. Several more states have introduced ban legislation in 2025-2026.
Did the FTC ban non-competes?
The FTC voted to ban most non-competes in April 2024, but the rule was blocked by a federal court in Texas (Ryan LLC v. FTC) before it took effect. As of early 2026, the FTC ban is not in effect and its future is uncertain. State-level bans remain the primary protection for workers.
Can my employer enforce a non-compete if I was fired?
In many states, courts are less likely to enforce non-competes against employees who were terminated without cause, as opposed to those who voluntarily resigned. Some states like Montana, Oregon, and Washington explicitly limit enforcement when an employee is fired. The rationale is that it's unfair to restrict someone's livelihood when they didn't choose to leave.
How long can a non-compete last?
Courts generally consider 6-12 months reasonable and 2+ years excessive. Oregon caps non-competes at 12 months by statute. Washington caps at 18 months. Even in states without statutory caps, courts routinely strike down or narrow agreements exceeding 2 years. Shorter durations are more likely to survive legal challenge.
Do non-competes apply if I move to another state?
This is a complex choice-of-law question. If your agreement specifies a governing state (e.g., 'governed by Texas law') but you move to California, California courts will generally refuse to enforce it due to California's strong public policy against non-competes. Moving to a ban state can provide significant protection, though it is not a guarantee.
What is a garden leave clause?
Garden leave means the employer continues paying your salary during the non-compete period in exchange for you not working for competitors. This makes enforcement much more likely because the court sees you are being compensated for the restriction. Massachusetts requires garden leave provisions for non-competes to be enforceable. It's becoming more common in other states as well.