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Home Business Non-Compete Agreement Tennessee

Tennessee Non-Compete Agreement Template

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

Updated May 21, 2023 | Legally reviewed by Brooke Davis

A Tennessee Non-Compete Agreement is a contract used to protect trade secrets and confidential information from being shared outside of your company. Non-compete agreements can also be used to retain existing customers or protect an employer’s investment in specialized training.

Table of Contents
  • Is a Non-Compete Agreement Legally Enforceable in Tennessee?
  • Reasonable Uses and Objections
  • Tennessee Non-Compete Limitations
  • Tennessee Non-Compete Agreement Sample

Is a Non-Compete Agreement Legally Enforceable in Tennessee?

Non-compete agreements, sometimes called covenants not to compete, are disfavored in Tennessee and will be interpreted strictly in favor of the employee. However, courts have ruled that it can be enforced when the agreement contains reasonable restrictions. [1]

A court will examine the consideration received in return for the agreement; the damage or danger to the employer in the absence of the non-compete agreement; the economic burden placed on the employee by the agreement, and whether or not the agreement harms the public interest in having competition.

Reasonable Uses and Objections

  • Enforceable when terminated without cause? Yes, though it may be a factor considered in enforceability
  • Employee non-solicitation agreement permitted? Yes
  • Customer non-solicitation agreements permitted? Yes
  • Does continuing employment equal sufficient consideration? Yes
  • Statute of Limitations for breach of contract: 6 years

Tennessee Non-Compete Limitations

Time limitations

Tennessee non-compete agreements must have a reasonable time limit to be enforceable.

Geographical limitations

Tennessee non-compete agreements must have reasonable and definite geographical limitations to be enforceable. In addition, courts have held that any agreement that seeks to prevent an employee from working in a region where he has never provided services for the employer is excessive and unenforceable. [2]

Other limitations

Non-compete agreements covering physicians are governed by a special statute, Tennessee Code Annotated section 63-1-148. Such agreements may be made only for two years or less. In addition, the maximum allowable geographical restriction may be the greater of:

  • A ten-mile radius from the location which was the primary practice site of the physician-employee OR
  • The county where the primary practice of the health care provider employed the physician employee is located.

As an alternative to a geographic restriction, the physician-employee may be restricted from practicing at any facility where the employer-provided services while the employee worked for them.

Non-compete agreements covering physicians must also be in writing and contained either in the employment contract or in a separate document signed by the parties.

Tennessee Non-Compete Agreement Sample

This Tennessee non-compete agreement template will let you draft an agreement for your business:

non compete agreement template

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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. Hasty v. Rent-A-Driver, Inc., 671 S.W. 2nd. 471 (Tenn. 1984).. https://casetext.com/case/hasty-v-rent-a-driver-inc
  2. Vantage Technology LLC, v. Cross, 17 S.W. 3d 637 (Tenn. App. E. Sect., 1999). https://casetext.com/case/vantage-technology-v-cross
non compete agreement template Preview PDF

Start building your Tennessee Non-Compete Agreement here.

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non compete agreement template

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