---
title: Enforcing Non-Compete Agreements
description: how to make your non compete compatible
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAEwr1FvUxw.png
---
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11/24/2021
# Enforcing Non-Compete Agreements
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There's a lot of media on the substantial number of people resigning from the workforce. They have to go somewhere though, don't they? People may leave a job thinking they will go into something radically different, get a fresh perspective, but over time that will prove much more difficult than anticipated. What will they do? A portion of them will return to the industry they left. Enter the Noncompete.
Under Minnesota law, the enforceability of a noncompete agreement “depends upon numerous circumstances” and “cannot always be determined by an examination of the contract itself.” Instead, the enforceability “must be determined on its own facts and a reasonable balance must be maintained between the interests of the employer and the employee.” A noncompete agreement is enforceable when it is (1) necessary to protect the **employer’s** business or goodwill, (2) is not more restrictive than is reasonably necessary considering “the nature and character of the employment” and the duration and geographic scope of the restriction, and (3) “not injurious to the public.” *Walker Emp. Serv., Inc. v. Parkhurst*, 219 N.W.2d 437, 441 (Minn. 1974). In other words, determining the enforceability of a noncompete provision requires a court to consider the circumstances of the underlying employment.
As you can see from this law, enforcement is very fact specific. The most important fact is the reasonableness of the agreement itself. You can't be greedy and you have to be fair. If that's the case, you are off to a good start.
I've litigated these agreements a number of times. With that experience, I can help you get a strong analysis on your likelihood of enforcement. Put my experience to good use and let's figure out your options.
- [non compete](https://www.gallatin-law.com/blog/tag/non-compete),
- [term of employment](https://www.gallatin-law.com/blog/tag/term-of-employment)
## [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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