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Undue Hardship.
Courts perform a balancing test to evaluate whether  a non-compete agreement will be enforced. One very  important factor is the hardship placed on the  employee.

The Economy.
The courts also look closely at the state of the  economy and the overall difficulty finding  non-competing work.

Other Considerations.
An employee who is independently wealthy or has  abundant job opportunities for non-competing  companies will not be viewed in the way as a  30-something man who has three young children at  home and a spouse who has a disability. Likewise, a  person who has recently re-located and cannot  afford to move may be given consideration.

All the Facts
One of the good things about a court sitting in equity is, the court is allowed to be “fair” and need not apply  any rule of law with rigid application in deciding  whether to enforce a non compete clause. This  means that, the court will hold a hearing on exactly  how much of a burden the non-compete would create  for the employee.

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