Delaware Non-Compete Agreement Template
Reviewed by the Agiled editorial teamUpdated June 2026
Non-compete law is the most state-divergent area in employment contracting — four states ban these agreements outright, a dozen more impose salary floors or notice rules, and the rest apply judge-made reasonableness tests that differ in temperament. This page covers what Delaware requires; the download is our standard non-compete template, to be scoped to Delaware's rules below.
Delaware non-compete rules at a glance
| Enforceability | Enforceable if reasonable in duration, geographic area, and scope of restricted activity. |
|---|---|
| Protected workers / thresholds | Physicians' non-competes void as to patient care |
| Required formalities | No statutory notice or salary threshold; consideration and reasonableness rules come from case law. |
| Overbroad agreements | Increasingly refuses to blue-pencil — recent Chancery decisions strike overbroad covenants whole, even in sale-of-business deals |
State laws change frequently and this summary is not legal advice. Verify current rules against the state statute or with a licensed attorney before relying on them.
How Delaware handles non-compete agreements
Choosing Delaware law for a non-compete used to be the safe move; recent Chancery decisions striking overbroad covenants outright (refusing to trim them) have made that bet much riskier. The practical drafting rule for Delaware: enforceable if reasonable in duration, geographic area, and scope of restricted activity.. Before using this template, confirm the current statute — non-compete law has changed in more than a dozen states since 2020, and the FTC's federal ban attempt keeps the area moving.
Delaware non-compete agreement FAQs
Are non-compete agreements enforceable in Delaware?
Enforceable if reasonable in duration, geographic area, and scope of restricted activity. Coverage limits matter here: physicians' non-competes void as to patient care.
What happens to an overbroad non-compete in Delaware?
Increasingly refuses to blue-pencil — recent Chancery decisions strike overbroad covenants whole, even in sale-of-business deals Draft to the narrowest restriction that protects the actual business interest — the safety net (or lack of one) above is what you're betting on.
What formalities does a Delaware non-compete require?
No statutory notice or salary threshold; consideration and reasonableness rules come from case law. Procedural failures are now the most common way non-competes die — more common than substantive overbreadth in states with notice rules.
Does the FTC non-compete ban apply in Delaware?
The FTC's 2024 rule banning most non-competes was set aside by a federal court before taking effect and remains in litigation, so it is not currently in force in Delaware or any state. State law controls — which is why the state-specific rules above are the ones to draft around.
The full non-compete agreement guide
Clause-by-clause guidance, common mistakes, and the complete template text live on the main page: Non-Compete Agreement Template — full guide and download.