Best Examples of Non-Compete Agreement Duration Examples
Real-world examples of non-compete agreement duration examples
Non-compete agreements live or die on two things: scope and time. Courts in the U.S. are increasingly skeptical of long, sweeping restrictions, but they’re still willing to enforce reasonable durations that match the business reality. That’s why concrete examples of non-compete agreement duration examples are so valuable.
Think of duration as a sliding scale. The more senior the role, the more sensitive the information, and the more specialized the market, the longer the non-compete period you can usually justify. But even then, there are limits.
Below are industry-by-industry and role-based examples that reflect how non-compete durations are actually being written and challenged in 2024–2025.
Short-term examples of non-compete agreement duration examples (3–6 months)
Short-term non-compete clauses tend to show up in:
- Entry-level or junior roles
- Highly competitive industries where courts are wary of blocking mobility
- States with strong public policy against non-competes
Example: Junior marketing coordinator at a SaaS startup (California vs. Texas)
In California, most employment non-competes are void under state law, so the company might use a 3–6 month non-solicitation of customers instead of a full non-compete. In Texas, the same employer might try a narrow non-compete with a 6-month duration, limited to direct competitors in the same metro area.
Typical clause language:
“For a period of six (6) months following the termination of Employee’s employment for any reason, Employee shall not, within a 25-mile radius of Employer’s principal office, accept employment in a substantially similar marketing role with any business that directly competes with Employer’s core software product.”
This is one of the best examples of a short, targeted duration that has a chance of being enforced in a state that still permits non-competes. It’s tied to geography, role, and a limited timeframe.
Example: Retail assistant manager in a regional chain
A regional clothing retailer may use a 3-month non-compete to prevent a departing assistant manager from walking across the street to a direct competitor with current sales strategies.
“For ninety (90) days following termination, Employee agrees not to work in a managerial capacity for any retail clothing store located within ten (10) miles of any store operated by Employer.”
Courts often see 3-month restrictions as more reasonable, especially when applied to mid- or lower-level employees. These short-term examples of non-compete agreement duration examples are often used as a compromise: some protection for the employer, limited disruption for the employee.
Mid-range examples include 12–18 month non-compete durations
Most serious disputes arise around one-year and eighteen-month non-compete periods. These are common for mid- to senior-level employees with access to strategy, pricing, and confidential customer data.
Example: Regional sales manager in B2B manufacturing (12 months)
A manufacturer selling specialized components to a small group of repeat customers might use a 12-month non-compete. The logic: it takes about a year for sales cycles to turn over and for sensitive pricing data to become stale.
“For a period of twelve (12) months after the end of Employee’s employment, Employee shall not, within any state in which Employee managed accounts on behalf of Employer, engage in sales or account management for any business that manufactures or sells products materially similar to Employer’s products.”
This is a classic example of non-compete agreement duration examples that are tailored to the sales cycle and territory. Courts often look for that kind of connection between the duration and the real business need.
Example: Senior product manager in a fintech company (12–18 months)
In fintech, product roadmaps and regulatory strategies can be sensitive. A company might use a 12-month non-compete by default, extended to 18 months for executives.
“For twelve (12) months following the termination of Employee’s employment, Employee shall not accept employment in a product leadership role with any fintech company that offers digital lending or payment products that compete directly with Employer’s core offerings in North America.”
In practice, many companies negotiate these mid-range durations down when employees leave. Still, they serve as strong starting points, and they’re among the best examples of how non-compete durations are calibrated to innovation cycles.
Example: Hospital department director (12 months)
Healthcare employers often rely less on non-competes now, especially for physicians, as regulators scrutinize them. But for non-physician leadership roles, a 12-month non-compete tied to a local service area is still common.
“For one (1) year following separation, Employee shall not serve in a leadership role overseeing comparable clinical operations for any competing hospital within a 30-mile radius of Employer’s primary facility.”
This kind of example of non-compete agreement duration examples shows how employers try to protect referral networks and operational know-how without locking someone out of the entire healthcare industry.
Long-term examples of non-compete agreement duration examples (24+ months)
Anything over two years raises red flags in many U.S. courts, but you still see longer durations in specific contexts:
- Sale of a business
- Very senior executives
- Highly specialized, niche industries
Example: Founder selling a business (3–5 years)
When an owner sells a company, buyers expect meaningful protection. A 3–5 year non-compete is common in merger and acquisition deals.
“Seller agrees that, for a period of five (5) years following the Closing Date, Seller shall not, directly or indirectly, own, manage, operate, or consult for any business that competes with the Business within the United States.”
Courts are more willing to enforce these longer examples of non-compete agreement duration examples because the seller is usually well-compensated and the restriction protects the value of the purchase. The standard is different from employee non-competes.
Example: C‑suite executive at a national logistics company (24 months)
A chief operating officer with access to nationwide pricing, routing algorithms, and strategic plans might face a 24-month non-compete.
“For twenty-four (24) months after termination, Executive shall not serve as an officer, director, or senior consultant for any logistics or freight-forwarding company with annual revenues exceeding $250 million that competes with Employer in the United States.”
Here, the employer will argue that strategic knowledge has a longer shelf life. Whether a court agrees depends on the state, the executive’s actual access to trade secrets, and whether the duration aligns with how often strategies change.
How 2024–2025 legal trends affect non-compete durations
You cannot talk about examples of non-compete agreement duration examples in 2024–2025 without looking at regulatory changes.
Federal policy pressure
The U.S. Federal Trade Commission (FTC) has pushed to significantly limit non-compete agreements nationwide. While the litigation and political debate are ongoing, the message is clear: regulators want narrower, shorter restrictions, especially for rank-and-file workers.
You can review the FTC’s policy statements and rulemaking materials here:
- https://www.ftc.gov
Even if proposed rules are partially blocked or narrowed, employers are already adjusting by:
- Shortening durations for non-executive roles
- Relying more on non-solicitation and confidentiality clauses
- Reserving longer non-competes for high-level executives and business sellers
State-level shifts
States continue to move in different directions:
- California, Oklahoma, North Dakota: Employment non-competes are largely unenforceable.
- Colorado, Illinois, Washington, others: Limit non-competes based on income thresholds or require specific notice and consideration.
- Massachusetts: Requires paid “garden leave” or other consideration for certain non-competes.
The National Conference of State Legislatures (NCSL) tracks these developments and is a good starting point for state comparisons:
- https://www.ncsl.org
Because of this patchwork, smart examples of non-compete agreement duration examples now vary not just by role, but by state. A 12-month non-compete that might be acceptable in one jurisdiction could be unenforceable in another.
Matching duration to legitimate business interests
Courts consistently ask the same question: Is the duration no longer than necessary to protect a legitimate business interest? That interest usually falls into a few buckets:
- Trade secrets and confidential information
- Customer relationships and goodwill
- Investment in specialized training
Example: Software engineer with access to proprietary algorithms (9–12 months)
A company may argue that its algorithmic models evolve on a 9–12 month cycle, so a one-year non-compete is tied directly to how long the confidential information remains competitively valuable.
“For twelve (12) months after the end of employment, Employee shall not develop or oversee development of software products that compete with Employer’s [Product Name] in the U.S. market.”
If the company can show that product cycles really do run about a year, courts are more likely to view this as a reasonable example of non-compete agreement duration examples.
Example: Sales representative with intensive employer-funded training (6–12 months)
If an employer invests heavily in industry-specific training, they might justify a 6–12 month restriction by tying the duration to the time it takes to recoup that investment.
“For six (6) months following termination, Employee shall not sell competing products to any customer or prospective customer to whom Employee was introduced during the last twelve (12) months of employment.”
This focuses less on blocking all competition and more on protecting the customer relationships the employer helped build.
Drafting tips: using examples without copying them blindly
Looking at the best examples of non-compete agreement duration examples is helpful, but copying them word-for-word can backfire if you ignore your own facts.
When you adapt these examples, pay attention to:
- Role and seniority: The higher the role, the more a court may tolerate longer durations.
- Industry dynamics: Fast-moving tech might justify shorter durations than slow-changing industrial sectors.
- Geography: A national restriction for a local role often looks overbroad.
- State law: Some states require specific disclosures, notice periods, or compensation.
For up-to-date legal background and research, law school and university resources can be helpful. For example, Harvard’s Berkman Klein Center and other academic programs frequently publish research on labor mobility and restrictive covenants:
- https://www.harvard.edu
Ultimately, the strongest examples of non-compete agreement duration examples share the same DNA:
- They are narrowly tailored to actual competitive risk.
- They are short enough that a judge can say, “This seems fair.”
- They are supported by real evidence about sales cycles, product life, or training investments.
FAQ: examples of non-compete durations and practical questions
Q1: What is a common example of non-compete agreement duration for mid-level employees?
For mid-level professionals with access to customer lists or internal strategies, a 6–12 month non-compete is common. For instance, a regional account manager might be restricted from joining a direct competitor in the same territory for 12 months, but allowed to work in a different region or in a non-sales role immediately.
Q2: Are 2-year non-competes enforceable in the U.S.?
Sometimes. Two-year non-competes show up frequently for executives and in business sale transactions. Courts are more willing to enforce a 24-month restriction on a CEO or a selling shareholder than on a junior employee. Whether that specific example of non-compete agreement duration examples holds up depends heavily on state law and how narrowly the restriction is drafted.
Q3: Can I use the same non-compete duration for every employee?
You can, but it’s risky. Using a blanket 2-year non-compete for everyone from interns to C‑suite executives is a good way to convince a judge that you’re overreaching. Better practice is to scale duration: short (3–6 months) for junior roles, mid-range (6–12 months) for mid-level staff, and longer (12–24 months) only for senior leaders or highly sensitive positions.
Q4: Are there examples of states where non-compete durations don’t matter because agreements are mostly banned?
Yes. In states like California, Oklahoma, and North Dakota, most employment non-competes are void regardless of duration. In those places, the better strategy is to focus on confidentiality, trade secret protection, and non-solicitation rather than arguing over months or years.
Q5: How do courts decide if a non-compete duration is too long?
Courts look at the nature of the business, the employee’s role, how long confidential information remains valuable, and how long it reasonably takes to transition customer relationships. If an employer cannot explain why they picked 18 or 24 months instead of 6 or 12, that duration is more likely to be cut down or thrown out.
Q6: Are there real examples where courts reduced non-compete durations?
Yes. Many courts use a “blue pencil” or modification approach, trimming overlong non-competes to something more reasonable. For example, a judge might reduce a 3-year non-compete to 12 months and limit its geographic scope. That’s another reason to draft realistic durations up front instead of relying on a court to fix them later.
This article offers general information and examples of non-compete agreement duration examples, but it is not legal advice. Non-compete law changes quickly and varies widely by state and country. Anyone drafting or signing a non-compete should consult a qualified attorney familiar with local law and current regulatory developments.
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