Plain-words guide
Severance money lasts weeks. A non-compete can last a year or two — and it is often signed in the same rushed sitting. Whether it can actually be enforced depends mostly on where you live, and narrowing it is one of the most granted asks in severance negotiation.
Void: California (Bus. & Prof. Code § 16600 — void no matter how reasonable, and recent laws add penalties for even asking), Minnesota (since July 2023, § 181.988), North Dakota, and Oklahoma void most non-competes outright. Restricted: many states void them below a pay threshold (Washington, Oregon, Colorado, Illinois and others set earnings lines), or for whole professions. Enforceable: the rest generally enforce 'reasonable' ones — limited in time, territory, and scope. Your state page has your rule with its citation.
Companies protect information and relationships, not your unemployment. Asks that map to that: shorten the term, name the true competitors, carve out your actual next role, limit it to customers you personally served. Bring the state's law with you — politely, in writing: 'Under {state} law this clause would be tested for reasonableness; a narrower clause protects the company just as well and lets me work.' That sentence, or its local equivalent, has opened more of these clauses than any argument about fairness.
Included in the $49 SeveranceDecoded Kit
One payment. Yours to keep. Works for any severance agreement, any state.
Related: the deadline checker · severance laws by state · all guides