Experienced Provo Attorneys With Comprehensive Knowledge of Non-Compete Contracts
An established firm trusted by Utah business owners
The success of a business usually depends on maintaining an advantage over competitors. It can be particularly harmful when someone that a business hired, trained and supported uses what they learned to hurt their former employer. At Jeffs & Jeffs, P.C. in Provo, we assist Utah companies in preventing their proprietary information, customer lists, intellectual property and business goodwill from being used by competitors. Creating an enforceable non-compete contract requires strict adherence to applicable laws and so should not be done without guidance from an experienced attorney.
How do non-compete contracts work?
A non-compete contract is an agreement typically signed by an employee when they start working for a new employer. The document prohibits the worker from sharing trade secrets or taking a job with a nearby competitor for up to one year after their employment ends. There are legal limits on non-competes and the restrictions imposed should be narrowly drawn.
Are non-compete contracts enforceable in Utah?
Non-compete contracts are enforceable in Utah if they meet conditions set by the Post-employment Restrictions Act. The restrictions imposed must support a legitimate business interest and any geographic limitation must be reasonable. This is an active area of law at both the state and federal levels, so it is important to be aware of the current standards. For example, pursuant to recent Utah legislation, non-compete agreements with healthcare workers or veterinarians completed on or after May 6, 2026 are invalid.
How can business owners draft enforceable non-compete contracts?
Our firm works closely with clients to draft contracts that are tailored to their needs and compliant with Utah law. Whether your specific concern relates to intellectual property, customer relationships or something else, we can include terms to protect your interests. Startup ventures that haven’t had the chance to build brand loyalty can be particularly vulnerable to an ex-employee who works against their interests. Accordingly, you might want to make the development of a non-compete policy part of your business formation process.
What can a Provo business owner do when a current or former employee violates a non-compete contract?
If you believe someone has breached the non-compete contract they signed with your business, you should take prompt, careful action. First, it’s advisable to speak with a qualified business litigation attorney regarding the specific language in your agreement and whether a court is likely to enforce it. Your lawyer can send a letter notifying the individual that they are in violation of the non-compete agreement and demanding that they cease the offending activity. Should the violation continue, it might be necessary to file a breach-of-contract suit.
Do non-compete contracts have a time limit?
In Utah, a non-compete contract is enforceable only for one year after the worker has left their job. When a company tries to establish a longer timeframe, the entire contract is void. This means a court will not uphold a two-year non-compete contract even if the alleged violation occurs in the first year following the employee’s departure.
Contact a knowledgeable Utah attorney about a non-compete agreement issue
Jeffs & Jeffs, P.C. drafts, negotiates and helps enforce non-compete contracts for clients throughout Utah. To make an appointment regarding your legal needs in this area, please call us at 801-373-8848 or contact us online. Our office is located two blocks from the Provo courthouse and one block from the Latter-Day Saints Historic Provo Temple.
