Yes, a non-compete is legally enforceable if it meets the Supreme Court requirements:^[1]

1. Where they are incident to an employment relationship between the parties to the covenant;
2. The restrictions are reasonably necessary for the protection of the employer; and
3. The restrictions are reasonably limited in duration and geographic extent.

To determine whether or not a non-compete a reasonable, a court will apply the “balance test” as described:^[2]

“In determining whether to enforce a non-competition covenant, this Court requires the application of a balancing test whereby the court balances the employer’s protectible business interests against the interest of the employee in earning a living in his or her chosen profession, trade or occupation, and then balances the result against the interest of the public.”

A promise of continued employment is not sufficient consideration for an employee to enter into a non-compete.^[3]

However, if the employee gets a “corresponding benefit or change in status,” the non-compete will be determined to have sufficient consideration.^[4]

An attorney is prohibited from entering into a non-compete or any covenant that restricts their right to practice law.^[5]

• Employment: 2 years has been deemed reasonable.^[1]
• Sale of a Business: 5 years has been deemed reasonable.^[2]

Any area where a business does not serve is “unreasonable and hence unenforceable.”^[6]