Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
Courts also tend to frown upon non-compete agreements that don't allow an employee to leave the region or state and continue to work, A non-compete agreement is unenforceable, if the geographic scope of the restriction is far too broad.
Noncompete agreements in Arizona are perfectly legal and will be enforced when they meet certain conditions. Arizona courts will uphold reasonable noncompete agreements that don't restrict employees for too long or from too far away.
Are Noncompete Agreements Legal? Noncompete agreements must be reasonable and allow the employee to continue to earn a living. Noncompete agreements in Arizona are perfectly legal and will be enforced when they meet certain conditions.
On April 23, 2024, the FTC issued a ruling that bans non-compete provisions in the employment setting; it will take effect on September 4, 2024 provided no legal challenges to the ruling succeed.
Compensation: An employer must offer some benefit to the employee in exchange for limiting future opportunities. For new employees, the job offer itself is generally considered sufficient compensation. Still, existing employees asked to sign a covenant not to compete may be entitled to a raise or promotion.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.