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might be found unreasonable for a hair stylist, whose

range of influence while employed was much smaller

than that.

Because there are no bright-line rules, and every

non-compete is analyzed on its own facts, it is difficult to

be certain whether any given non-compete will be

enforced. By way of example, below are some reasons

courts have found not to enforce these agreements.

No consideration: if an employee is required to

sign a non-compete as a condition of being offered a job,

the job offer itself is “consideration” for the agreement.

Where, however, an employee is asked to sign an

agreement after beginning employment, with no

additional benefit offered, courts have sometimes found

those agreements unenforceable for lack of consideration.

62| Rules of the Road