• Why it exists and what is received

  What the employer says it is protecting, what the role gives access to, and what the employee receives for agreeing.

• The restriction, written narrowly

  A blank period and a description of what the employee agrees not to do, with competing business described by activity, and the area it applies to.

• What the employee remains free to do

  A list including non-competing roles, unrelated parts of a competitor, small public shareholdings and using general skill and experience.

• Release, termination and pay

  Asking in writing for a release, what applies if the employer ends the employment, and whether the employer pays during the restricted period.

• Scope, new employer and review

  The parties' intention that it go no further than needed, telling a new employer about it, a warning letter before action, and a review if the role changes.

A non-competition agreement records what, if anything, an employee agrees not to do after their employment ends. It states why the restriction is said to be needed, what the employee receives for it, the period, what counts as a competing business, where it applies, what the employee remains free to do and a process for asking for a release.

This blank form leaves the period, area and activities for the parties to write as narrowly as they intend. Whether a non-compete is enforceable, and for whom, how long and how wide, varies a great deal by state and in some places such agreements are restricted or prohibited, and the law keeps changing. The form says the restriction's scope is for a court to assess. Take legal advice before asking anyone to sign one or relying on one.

Not sure? Talk to an attorney about your situation first.

These are separate documents, for different jobs.

• Non-solicitation agreementsLimit poaching clients or staff after someone leaves.View document
• Employee non-disclosure agreementsKeep what employees learn at work confidential.View document
• Employment agreementsSet out pay, role and terms for an employee.View document
• Employment contract reviewHave a lawyer check an employment contract.View document

• An employer drafts a limited restriction for a sales director
• An employee asks for a release for a particular new role
• A restriction is tied to a payment during the restricted period

• Employment agreementsSet out pay, role and terms for an employee.View document
• Offer lettersMake a job offer in writing, with its key terms.View document
• Employee handbooksThe policies and expectations for your staff, in one place.View document
• Workplace policiesSet out how your workplace runs on a specific issue.View document