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Home Business Documents Non-Compete Agreement New Mexico

New Mexico Non-Compete Agreement Template

Prevent a person or business from competing with your company by using a New Mexico Non-Compete Agreement.

Published December 6, 2022

It’s important to understand what kind of non-compete agreement New Mexico businesses may craft to protect their interests. New Mexico non-compete agreements hold employees accountable for taking trade secrets and intellectual property to company competitors. Below, you can learn more about New Mexico non-competes, including whether non-compete agreements are enforceable in New Mexico.

Table of Contents
  • Is a Non-Compete Legally Enforceable in New Mexico?
  • What's Protected?
  • Reasonable Use and Exemptions
  • Non-Compete Agreement New Mexico Limitations
  • New Mexico Non-Compete Agreement Sample

Is a Non-Compete Legally Enforceable in New Mexico?

Yes, employers can enforce non-compete agreements in New Mexico. However, it’s up to the court system to determine whether a specific agreement is reasonable. For example, non-compete agreements set up to completely restrict a former employee’s ability to be gainfully employed in his or her trade aren’t likely to pass the reasonability test. Therefore, employers must word these contracts carefully to avoid overreaching and making them null and void.

Here are a few considerations you should keep in mind:

  • Employee has to receive some consideration in return for agreeing to a non-compete.
  • New Mexico non-compete agreement geographical limitations aren’t set in stone. However, they must be reasonable. Additionally, you can only impose reasonable time restraints during which an employee cannot compete with your business.
  • Certain healthcare providers cannot bind employees under New Mexico law  [1]

Do non-compete agreements hold up in New Mexico? Yes, they hold up if reasonable in time, scope, and geographical distance.

What’s Protected?

A New Mexico non-compete agreement places limitations on where and for whom employees can work during employment and following termination from their employer. They exist to protect businesses’ legitimate rights. However, there are limits to the geographical and time constraints imposed.

In New Mexico, non-compete agreements hold the following protections for your company:

  • Maintaining workforce
  • Limitation of competition
  • Customer relationships

Reasonable Use and Exemptions

In New Mexico, the reasonable test for non-compete contracts considers the legitimate interests of the employer, employee, and public.

Exemptions to this law include healthcare practitioners such as physicians, certified registered nurses, dentists, osteopathic physicians, podiatrists, and anesthesiologists.

  • Enforceable when terminated without cause? Not decided
  • Employee non-solicitation agreement permitted? Yes
  • Customer non-solicitation agreements permitted? Yes
  • Does continuing employment equal sufficient consideration? Yes

Non-Compete Agreement New Mexico Limitations

Non-compete agreements in the state have limitations on time and geographical distance.

Limitations on time

The time limit, while not fixed by state law, is contingent on a standard of reasonability.

Non-compete agreement New Mexico geographical limitations

The New Mexico non-compete laws do not specify the specific geographic region or time limits for these contracts. However, it’s important to consider what would be reasonable given the circumstances and if it is narrowly tailored enough to only protect legitimate business interests.

New Mexico Non-Compete Agreement Sample

Below, you can download a non-compete agreement New Mexico template in PDF or Word format:

Non-Compete Agreement

non compete agreement template

Download PDF
Download MS Word

Legal Templates uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial guidelines to learn more about how we keep our content accurate, reliable and trustworthy.

  1. SB0325. https://www.nmlegis.gov/sessions/15%20Regular/final/SB0325.PDF
non compete agreement template Preview PDF

New Mexico Non-Compete Agreement

Start building your New Mexico Non-Compete Agreement here.

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