24. I am negotiating a non-compete obligation. Are there certain things I should ask? Although non-compete obligations are analysed under state law and each state is different, courts consider some common factors to determine whether a non-compete obligation is appropriate: however, the possible consequences discussed above only apply if the employer-employee non-compete obligation is initially binding. Very often, it happens that employers design non-compete obligations with everything imaginable in them and try to discourage you from any form of possible competitive behavior. However, instead of being better protected against competition from an employee, these employers are not protected at all because of their inappropriate and overly broad non-compete agreements.