What is an example of an unenforceable non-compete agreement?
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An unenforceable non-compete agreement would include an agreement where there was not adequate consideration in which case the entire agreement is invalid or if the agreement is too broad in scope meaning, it prevents somebody from doing too much or it’s too long in duration or it’s too broad from a geographic standpoint. In those instances, a court will not invalidate the entire agreement, they’ll employee what’s called the blue pencil doctrine. And they will modify or amend the agreement to make it reasonable.