Are non compete contracts with real estate agents upheld in Hwaii?

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Are non compete contracts with real estate agents upheld in Hwaii?

I signed a employment agreement and it has a 3 year non-compete clause. I am starting my own agency and it has been a year since I worked for the firm that I signed the non-compete. Will this hold up in court against me?

Asked on May 14, 2019 under Employment Labor Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Hawaii does generally allow, and its courts therefore enforce, non-compete agreements so long as the employee is not an employee of a technology business. Non-tech workers can be held to their agreements. Courts will reduce the scope of agreements which are found to be too long in duration or broad in geographic area, if the agreement unreasonably restricts the employee from earning a living and goes further than is legitimately needed to protect the former employer from competition. This determination is made on a case-by-case basis, if and when a dispute over the enforceability of an agreement reaches the courts, so it is impossible to say in advance whether your particular agreement will be enforced as is or would be enforced with modifications.


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