Skip to content

The Clause About Working Elsewhere

Idaho Code § 44-2701 and Idaho Code § 44-2704 — only for key employees, reasonable in scope, and eighteen months presumed reasonable

A key employee or key independent contractor may sign a written agreement not to compete directly with the employer after leaving. It is enforceable if it is reasonable in length, area and type of work, and no broader than needed to protect the employer's legitimate business interests.

  • Idaho Code § 44-2701
Email

Key employees are those who, through the employer's investment, gained inside knowledge, influence or a public reputation as the employer's representative that lets them harm its legitimate business interests: goodwill, customers, trade secrets and the like.

Eighteen months. A restriction may not run longer than eighteen months after the job ends unless something beyond the job itself was given for it. A term of eighteen months or less is presumed reasonable, as is an area limited to where the person worked, and a scope limited to the work the person did.

  • Idaho Code § 44-2704

The presumptions can be rebutted. A particular agreement is a question for a licensed Idaho attorney.

  • Idaho Code § 44-2704
Sources for this section (3)
  1. Idaho Code § 44-2701 — Agreements and covenants protecting legitimate business interests
  2. Idaho Code § 44-2702 — Definitions
  3. Idaho Code § 44-2704 — Restriction of direct competition — Rebuttable presumptions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

From here