The Enforceability of Maryland Noncompetes
Employers often use noncompete and non-solicitation agreements as a tool for intimidation to prevent you from moving on. However, Maryland has significantly narrowed what is enforceable. A noncompete cannot be used simply to stifle competition—it must be narrow in time and geography and protect a legitimate, specific business interest.
We represent professionals who are being unfairly restricted by a former employer. We help you challenge overbroad agreements and negotiate terms that allow you to continue your career without the threat of a preliminary injunction hanging over your head.
Maryland Labor and Employment § 3-716 prohibits the use of noncompete and conflict-of-interest provisions for employees earning below a specific salary threshold. For professionals earning above that threshold, Maryland courts apply a four-part reasonableness test, examining whether the restriction is necessary to protect trade secrets and if it is limited in time and geography.
A noncompete is generally unenforceable in Maryland if its sole purpose is to stifle competition rather than protecting a "legitimate business interest." We advise and litigate for professionals who are being threatened with "career-killer" clauses after an illegal firing, ensuring their right to work in their chosen field is protected.
Our Noncompete Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
Does receiving severance affect the enforceability of my noncompete?
Often, yes. Employers frequently hide noncompete "reaffirmations" inside severance agreements. By taking the money, you may be unintentionally making a weak noncompete much harder to challenge in court.
What if the agreement is "overly broad"?
A noncompete that lasts for too many years or covers too large a geographic area (like the entire East Coast) is often unenforceable. Maryland law requires these restrictions to be "narrowly tailored" to protect a legitimate business interest.
Can my employer enforce a noncompete after firing me?
It depends on the language of the contract and the reason for your termination. Maryland courts are increasingly hostile to noncompetes, especially if you were fired without cause or if the restriction is so broad it prevents you from earning a living.