Yes, non-competes are legally enforceable in Arizona, although there are some occupational exceptions, such as:

1. Attorneys. Law firms cannot prohibit an attorney from seeking other employment, although, the law firm is able to include a financial penalty if a lawyer violates a non-compete;^[2]
2. Broadcast employees. No broadcast employer may restrict an employee of a television station/network, radio station/network;^[3]
3. Physicians. Licensed physicians are not explicitly prohibited but to be “closely scrutinized” and the “doctor-patient relationship is special and entitled to unique protection.”^[4]

There needs to be “some legitimate interest beyond the employer’s desire to protect itself from competition.”^[5]

Determining whether a non-compete is “reasonable” depends if the restraint is not:

1. Beyond that reasonably necessary for the protection of the employer’s business;
2. Unreasonably restrictive upon the rights of the employee; and
3. In contravention of public policy.^[6]

The continuation of at-will employment is deemed to be sufficient consideration.^[7]

There is no Arizona statute for a maximum term under a non-compete.Three (3) years have been deemed “reasonable” for a physician^[8] but not for employment where no “special training or education is required”.^[9] Therefore, for jobs that require no professional license, two (2) years or less is recommended.^[10]

Although, ten (10) years were allowed for the sale of a business and restricting the seller from entering the same industry within a 100-mile radius.^[11]

Blue penciling is allowed in Alaska and allows the courts to modify the language in an unreasonable non-compete and make it reasonable.^[12][13]