Non-Compete Enforceability Calculator
State-specific enforceability assessment.
About this calculator
Courts weighing whether to enforce a non-compete generally look at the same handful of factors, and this calculator turns each into a point score that sums to a 0-100 enforceability rating. Duration contributes up to 25 points, front-loaded toward short restrictions — six months or less scores the full 25, while anything over 24 months scores just 3, reflecting how sharply judicial tolerance drops off past about a year. Geographic scope contributes up to 20 points on a four-tier scale from nationwide (weakest, 3 points) to specific-clients-only (strongest, 20 points), and consideration, protectable interest, and role level each add their own tiered points — more money paid for the restriction, a clearer trade-secret or customer-relationship interest to protect, and a more senior role all push the score up.
Those five components sum to a raw score out of a possible 100, which is then multiplied by a state modifier: 1.0 in states that generally enforce non-competes, 0.85 in moderate states, 0.6 in restrictive ones, and — critically — 0 in states that ban them outright (the calculator names California, Minnesota, North Dakota, and Oklahoma as of this build, though that list of ban states has been growing and you should verify your state's current law). When the state stance is set to "bans," every other input is short-circuited to zero and the tool instead reports a 95% likelihood of successfully challenging the agreement. The output also includes a rough "recommended max duration" by role level, but none of this replaces reading your actual state's non-compete statute or the specific case law your jurisdiction applies — enforceability turns on real legal tests, not a weighted-average score, so use this to gauge relative risk before a conversation with an employment attorney, not as the final word.
Legal Disclaimer
This calculator provides general estimates only and does not constitute legal advice. Laws, regulations, and court procedures vary significantly by jurisdiction. Consult a licensed attorney in your area for advice specific to your situation.
Inputs
Results
Enforceability score (0-100)
46
How to Use This Calculator
- Enter Non-Compete Duration in months — courts typically disfavor agreements over 12–18 months.
- Set Geographic Scope: nationwide, statewide, metro area, or specific clients only.
- Enter Consideration Provided: continued employment only (weakest), signing bonus, or significant compensation.
- Set Protectable Interest and Role Level — executives face stronger enforcement than entry-level employees.
- Select State Stance — California, Minnesota, North Dakota, and Oklahoma ban non-competes.
- Review Enforceability Score — higher scores suggest the agreement would likely survive a legal challenge.
How the result changes with Non-compete duration (months)
| Non-compete duration (months) | Enforceability score (0-100) |
|---|---|
| 6 | 50 |
| 9 | 46 |
| 18 | 41 |
| 30 | 31 |
What each input means
- Non-compete duration (months)
- Length of the non-compete restriction. Courts favor shorter durations.
- Geographic scope (0-3)
- 0=Nationwide, 1=Statewide, 2=Metro area, 3=Specific clients only.
- Consideration provided (0-2)
- 0=Continued employment only, 1=Signing bonus, 2=Significant additional compensation.
- Protectable interest (0-3)
- 0=None clear, 1=Customer relationships, 2=Trade secrets, 3=Both.
- Role level (0-3)
- 0=Entry-level, 1=Mid-level, 2=Senior, 3=Executive/C-suite.
- State stance (0-3)
- 0=Bans non-competes (CA,MN,ND,OK), 1=Restrictive, 2=Moderate, 3=Generally enforces.
What each result means
- Enforceability score (0-100)
- Higher = more likely a court would enforce the non-compete.
- Challenge success likelihood (%)
- Estimated probability of successfully challenging the non-compete.
- Duration score (0-25)
- Shorter durations score higher (more enforceable).
- Scope score (0-20)
- Narrower geographic scope scores higher.
- Consideration score (0-20)
- More consideration provided scores higher.
- Protectable interest score (0-20)
- Stronger protectable interests score higher.
- Risk level to employee (0-100)
- Higher = greater risk that non-compete will be enforced.
- Recommended max duration (months)
- Typical maximum enforceable duration for your role level.
Engine last updated . Checked against 4 independently-derived tests — how we verify calculators. Built by Paul Gunder, a software engineer, not a licensed financial, medical, or legal professional.
Frequently Asked Questions
Why does setting state stance to "bans" override every other input?
In states like California, Minnesota, North Dakota, and Oklahoma, non-competes are void as a matter of state policy regardless of how well-drafted they are — duration, scope, consideration, and role level simply don't matter because a court won't enforce the agreement at all. The calculator models this by short-circuiting the entire scoring path when stateStance is 0: every component score is set to zero and challenge success likelihood jumps straight to 95%.
Why does duration score drop so sharply between 18 and 24 months?
The duration score is a tiered lookup, not a smooth curve: 25 points for 6 months or less, 20 for up to 12, 14 for up to 18, 8 for up to 24, and just 3 beyond that. The steep drop after 18 months reflects that courts in most enforcing states treat roughly a year to eighteen months as the outer edge of reasonable, and anything longer starts to look punitive rather than protective of a legitimate business interest.
How does the state modifier interact with the raw score to produce the final enforceability score?
The five component scores (duration, geographic scope, consideration, protectable interest, role level) sum to a raw score out of 100, which is then multiplied by a state modifier: 1.0 for states that generally enforce, 0.85 for moderate states, 0.6 for restrictive states, and 0 for ban states. So a non-compete that would score 80 on the merits in an enforcing state only scores 48 in a restrictive one — the modifier scales down the whole result rather than replacing any individual factor.
What does the recommended maximum duration by role level actually represent?
It's a lookup table indexed by role level — 6 months for entry-level, 12 for mid-level, 18 for senior, and 24 for executive/C-suite — reflecting the general pattern that courts give employers more latitude to restrict higher-level employees who have broader access to strategic information. It's independent of the enforceability score calculation itself; it's a separate reference point for what a court is more likely to consider reasonable for someone at your seniority.
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