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  • Writer's pictureJeffrey Silence

My Arizona Employer is Suing Me for Breach of My Non-Compete Agreement, Now What?

Updated: Feb 17, 2023

In Arizona, non-compete agreements are enforceable but only if they are “reasonable.” In determining whether a non-compete is “reasonable,” courts evaluate several factors:

  1. Duration. Courts evaluate how long it would take to find and properly train a replacement for the employee at issue. If it would take 6 months to find and train a replacement, then a 6-month non-compete should be considered “reasonable.”

  2. Geographic Scope. Courts evaluate whether the company ha customers or other connections within the applicable geographic area.

  3. The type of activity prohibited. Many non-compete agreements state that the employee cannot work in any position. This means that a salesman could not work for a competitor, even as a janitor. That kind of limitation is generally not considered “reasonable.”

You should consult an experienced attorney before making any important decisions related to a non-compete or non-solicit agreement. This is a tricky area of the law that can lead to costly litigation.


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