Yes, a non-compete is enforceable in Nebraska if it follows 3 requirements:^[1]

First, is the restriction reasonable in the sense that it is not injurious to the public;

Second, is the restriction reasonable in the sense that it is no greater than is reasonably necessary to protect the employer in some legitimate interest; and

Third, is the restriction reasonable in the sense that it is not unduly harsh and oppressive on the employee.

In Nebraska, an employer cannot choose to have an employee sign a non-compete to prohibit ordinary competition from entering the market. Rather, it must show evidence that the employee would be in unfair competition in the event of termination.

An example of unfair competition found by the court has been to “appropriate the employer’s goodwill by initiating personal contacts with the employers’ customers.”^[2]

It is legal for a seller of a business to enter into a non-compete to protect a buyer’s interests. A non-compete with a seller generally has a better chance to be enforceable versus an employment-related agreement if challenged in a Nebraska court.^[3]

The continued employment of an employee is deemed sufficient consideration to validate a non-compete. In addition, any severance payments made to a terminated employee may also count as adequate consideration.^[1][4]

It is unlawful to restrict an attorney’s right to practice law within the State. Furthermore, a law firm cannot inflict liquidated damages against an attorney upon the termination of employment.^[5][6]