Non-competes in North Dakota
North Dakota sets its own rules for non-competes under N.D. Cent. Code § 9-08-06. Below is what that statute requires, verified against the primary source, plus the steps to take and where to read the law yourself.
The North Dakota statute
North Dakota statutorily voids most non-compete clauses except in connection with sale of business or partnership dissolution.
Read the North Dakota source text →How non-compete law works
Non-compete enforceability is decided state by state, and the range is enormous: some states void them outright for nearly all workers, others enforce them if "reasonable" in scope, duration, and geography. Where you WORK, and the law the agreement selects, both matter — and many signed non-competes are partly or wholly unenforceable.
Read the full non-compete law guide →
What to do in North Dakota, in order
- In North Dakota: find the restriction’s three dimensions in your agreement: how long, what geography, what activity.
- Check the law of the state where you actually work — not just the state named in the contract.
- Non-solicitation and confidentiality clauses are separate promises with separate rules; don’t assume they fall with the non-compete.
- Before taking a competing role, get the specific clause reviewed — the analysis below is general information, not legal advice for your situation.
Common questions about non-competes in North Dakota
I signed it — am I stuck in North Dakota?
Not necessarily. A signature doesn’t make an unenforceable restriction enforceable. If your state bans or limits non-competes, the clause may be void regardless of what you signed.
Does a non-compete apply if I’m laid off in North Dakota?
It depends on the state and the wording. Some states and courts are reluctant to enforce non-competes against workers terminated without cause; others enforce them regardless. Check both the clause and your state’s rule.
What’s the difference between a non-compete and a non-solicit in North Dakota?
A non-compete restricts who you can work for; a non-solicit restricts contacting former clients or recruiting former colleagues. Courts treat them differently — non-solicits survive in many places non-competes don’t.
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