What are the common mistakes employers make in drafting and enforcing non-competes? Probably the biggest one is not getting it signed up before the employee starts work. In Minnesota and many other states, if you don’t have the employee sign it before they start work, it’s unenforceable and continuing employment is not sufficient consideration for a non-compete to be enforceable. So, as we talked about, you have to have independent consideration once an employee starts work.