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Non-Compete Laws in Delaware

Delaware courts enforce employee non-competes supported by consideration under general contract principles, while a statute makes non-competes between physicians void.

Last checked . General information, not legal advice.

Delaware at a glance

Status
Enforceable if reasonable (case law); physician covenants void
6 Del. C. 2707 voids covenants restricting a physician's practice after the agreement ends.
Enforceable against employees
Yes, if reasonable
Courts review consideration and the reasonableness of the restriction case by case.

Sources

Last checked

The rules in Delaware

Are employee non-compete agreements banned, restricted or enforceable in Delaware?

Status in Delaware: Enforceable if reasonable (case law); physician covenants void. 6 Del. C. 2707 voids covenants restricting a physician's practice after the agreement ends.

Can an employer enforce a non-compete against an employee in Delaware?

Yes, if reasonable. Enforceable against employees in Delaware: yes, if reasonable. Courts review consideration and the reasonableness of the restriction case by case.

Where do the Delaware non-compete laws come from?

The rules above come from 6 Del. C. 2707 and Research & Trading Corp. v. Powell, 468 A.2d 1301 (Del. Ch. 1983). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.

Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.

A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.