In California, a non-compete agreement is disfavored, because it prohibits fair competition. Whether a non-compete clause can be enforced depends on its limits in time, location and scope. The shorter the period of time, the smaller the territory, the more narrow the description of what not to do, and depending on the consideration given for the promise, the more likely 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 is routinely 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.