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Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.
Wyoming, like most states, requires an employer seeking to enforce a noncompete agreement to establish that the ?restraint on the employee's employment options is necessary to protect the employer's legitimate business interests.?
Technically, the ?blue pencil? rule refers to option (b) ? i.e., just striking out the unenforceable terms ? but option (c) also is commonly referred to as ?blue penciling? the agreement. Wyoming courts used to be willing to modify overbroad restrictions and partially enforce them in modified form.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar business as that conducted by the former ...