Small Business Contracts

Non-Compete and Non-Solicitation Agreement

Restrictive covenants that fit the state's statute: wage floors, notice, garden leave, sale-of-business rules.

What you get

  • An editable Word document, drafted from your answers and the state's published law.
  • A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

  • The company
  • The restricted person

The relationship

  • What the covenant is part of
  • Role and pay
  • Where the person lives and works
  • What the person receives for the covenant
  • The sale and the goodwill sold

The restrictions

  • Covenants to include
  • The competing business defined
  • Duration
  • Territory
  • Payment during the restricted period
  • Payment terms

Process

  • When the person received it
  • Remedies
  • Governing law and forum
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has sources for:

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

StateSources for this document
California18
Connecticut17
Delaware15
District of Columbia18
Florida14
Maryland16
Massachusetts15
New Jersey16
New York13
Ohio12
Pennsylvania12
Texas12
Virginia17

Among them, for New Jersey:

  • N.J.S.A. 2A:14-1: 6 years
  • N.J.S.A. 10:5-12.7 Certain waivers in employment contract deemed against public policy and unenforceable.
  • N.J.S.A. 10:5-12.8 Certain provisions in employment contract, settlement agreement deemed against public policy and unenforceable.
  • N.J.S.A. 56:15-2 Definitions relative to misappropriation of trade secrets.
  • N.J.S.A. 56:15-3 Actual, threatened misappropriation may be enjoined.

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Connecticut

Delaware

  • 19 Del. C. § 805. Employee's right to certain inventions statute

    Delaware rule that a provision in an employment agreement requiring the employee to assign or offer to assign rights in an invention does not apply to an invention developed entirely on the employee's own time without…

  • 10 Del. C. § 8106. Actions subject to 3-year limitation. statute

    Contract limitations text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2001. Definitions. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2006. Statute of limitations. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2007. Effect on other law. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2707. Agreements not to compete statute

    Delaware text voiding a covenant not to compete in an employment, partnership or corporate agreement between physicians that restricts a physician's right to practice in a locale or for a period after termination, while…

  • 6 Del. C. § 2708. Choice of law. statute

    Contract execution and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2002. Injunctive relief. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2003. Damages. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • 6 Del. C. § 2004. Attorneys’ fees. statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

District of Columbia

Florida

  • Fla. Stat. § 542.44. Covered garden leave agreement. statute

    Florida CHOICE Act text on covered garden leave agreements, stating their applicability, that they do not violate public policy as a restraint of trade, and the conditions the section lists.

  • Fla. Stat. § 542.335: Restrictive covenant scope statute

    Restrictive covenant scope text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Fla. Stat. § 542.336. Invalid restrictive covenants (physicians) statute

    Florida text providing that a restrictive covenant with a physician licensed under chapter 458 or 459 who practices a specialty in a county where one entity, directly or through affiliates, employs or contracts with all…

  • Fla. Stat. § 688.002: Trade secrets statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Fla. Stat. § 688.003: Trade secrets statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Fla. Stat. § 688.004: Trade secrets statute

    Trade secrets text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

  • Fla. Stat. § 542.18. Restraint of trade or commerce statute

    Florida antitrust text declaring every contract, combination, or conspiracy in restraint of trade or commerce in Florida unlawful.

  • Fla. Stat. § 542.41. Short title. statute

    Florida text naming part II of chapter 542 the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.

  • Fla. Stat. § 542.43. Definitions. statute

    Florida CHOICE Act definitions, including covered employee (an employee or individual contractor meeting the earnings threshold stated), covered employer, covered garden leave agreement and covered noncompete agreement.

  • Fla. Stat. § 542.45. Covered noncompete agreements. statute

    Florida CHOICE Act text on covered noncompete agreements with covered employees who work primarily in Florida or covered employers based in Florida, stating that such an agreement does not violate public policy as a…

Maryland

Massachusetts

New Jersey

New York

Ohio

Pennsylvania

Texas

Virginia

How the draft is checked

Before it writes, the drafter must quote the saved text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

Questions attorneys ask

What does Lawsmith draft for a non-compete and non-solicitation agreement?
Restrictive covenants that fit the state's statute: wage floors, notice, garden leave, sale-of-business rules. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
Which states is the non-compete and non-solicitation agreement offered in?
All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
Where do the citations come from?
From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
Is it reviewed by an attorney?
No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.
What does it cost?
Five documents free, no card. After that, Professional is $499 a month for one attorney.

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