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Non-compete clause is prohibited under the Law of Contracts. Section 27 of the Contract Act provides ? 'Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void'.

Enforceability Can Depend on Your State The fact of the matter is that the enforceability of a non-compete clause can vary widely by state, with the majority of US states favoring the employee; in fact, the results of a case like this can even vary depending on the judge that you get.

Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.

If a former employer is trying to sabotage your efforts to find new employment, you might be able to file a claim based on your state's anti-blacklisting law. These statutes define blacklisting in different ways.

Non compete clauses state that the employee can't go to work for a competitor of the employer for a given period after they leave.

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.

If a non-compete clause does not exceed three months in duration, existing English law limitations on enforceability will still apply; in other words, the non-compete will be unenforceable unless shown to extend no further than is reasonably necessary to protect the employer's legitimate business interests.

Keep in mind that each state enforces non-compete agreements differently. Some states, most notably California, have banned non-compete agreements entirely. Illinois courts grappled with whether non-competes should be enforced for decades.