---
title: Enforcement of Noncompete Agreements
description: What can be in a non compete
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAEsuKsQACk.png
---
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10/13/2021
# Enforcement of Noncompete Agreements
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Certain industries, like salon and mortgage, are heavily dependent on the relationship the company builds with the client. Customarily, the employer, acknowledging and aware of the importance, enters into noncompete agreements with its employees. Are those noncompete agreements enforceable? The answer is Yes.
According to the Minnesota Supreme Court, a noncompete clause is valid if it is
(1) necessary for the protection of the business or goodwill of the employer;
(2) not more restrictive than reasonably necessary to protect the employer's business given the nature of that business and the extent of the duration and the geographic scope of the restraint; and
(3) not injurious to the public.
Application of these factors is on a case-by-case scenario. With the increased mobility of clients in the mortgage industry, a business in Hugo could enforce a noncompete agreement against an ex-employee who relocates to Lakeville.
My general advice on duration of a non-compete is to not exceed 2 years. That is based on appellate court opinions and practical business life.
I rarely see a noncompete clause voided as being injurious to the public. The provision of services of all types are usually readily available. Simply prohibiting an ex-employee from benefitting from your work, training, and resources for the benefit of anew employer is not per se injurious to the public.
With the high demand for employees, noncompete clauses may be more useful than ever. If you wish to learn more about this tool and how it can help you, feel free to give me a call.
- [business](https://www.gallatin-law.com/blog/tag/business),
- [non compete](https://www.gallatin-law.com/blog/tag/non-compete)
## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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