- Download PDF
1 Answer | Add Yours
In the United States, unenforceability is determined if any or all parts of a noncompete clause or contract is found to be "an unfair restraint on trade" (West's Encyclopedia of American Law).
Some states use a "blue pencil doctrine of severability" whereby individual lines of a non-compete clause or contract are subject to rules of enforceability. These states may thus determine individuals items in a contract to be unenforceable. Other states find that if any part is unenforceable, then the whole noncompete clause or contract is unenforceable.
We’ve answered 327,557 questions. We can answer yours, too.Ask a question