In California, non-compete agreements are disfavored because they prohibit fair competition. Whether a non-compete clause can be enforced depends on its limits in time and scope. The shorter the period of time and the more narrow the description of what not to do, the greater the chance it can be enforced. In California, it is unlikely that a non-compete agreement will be enforced against an employee because it prevents the employee from earning a livelihood, whereas it routinely is enforced against a seller of a business who benefits from the sale. Consult with an attorney for drafting a non-compete clause in a contract, or determining the enforceability of a non-compete clause against you.