How to Enforce a Non-Compete Agreement in Rhode Island
Non-compete agreements are a common tool businesses use to protect their interests — but enforcing one in Rhode Island isn’t always straightforward. Whether you’re an employer trying to prevent a former employee from taking your clients, or an employee trying to understand your rights, it’s critical to know how these contracts are viewed under state law.
In this blog, we’ll explain how non-compete clauses work in Rhode Island, what makes them enforceable, and when to contact a Rhode Island business litigation attorney for help.
What Is a Non-Compete Agreement?
A non-compete agreement is a contractual clause that restricts an employee from:
Working for a competitor
Starting a competing business
Soliciting clients or employees of their former employer
These clauses typically apply for a limited period of time and within a specific geographic area after the employee leaves the company.
Non-competes are often included in:
Employment contracts
Severance agreements
Confidentiality or non-disclosure agreements
Are Non-Compete Agreements Enforceable in Rhode Island?
Yes — but only under certain conditions. Rhode Island courts will enforce a non-compete clause only if it is reasonable and protects a legitimate business interest.
To be enforceable, a non-compete must be:
Reasonable in scope (what it restricts the employee from doing)
Reasonable in duration (how long the restriction lasts)
Reasonable in geography (the area where competition is restricted)
Necessary to protect legitimate business interests (like trade secrets, client lists, or goodwill)
If the court finds a clause to be too broad, vague, or burdensome, it may refuse to enforce it entirely or limit its scope.
What Is Considered a Legitimate Business Interest?
Rhode Island courts will typically enforce a non-compete clause if it’s necessary to protect:
Trade secrets or confidential information
Established client relationships
Specialized training provided to the employee
Goodwill the employee developed while representing the business
However, trying to prevent basic competition or limit someone’s ability to earn a living without a strong reason will usually fail in court.
How to Enforce a Non-Compete Agreement
If you believe a former employee has violated a valid non-compete agreement, here are the general steps you should take:
1. Review the Contract
Examine the agreement’s language, including:
Effective dates
Geographic limits
Scope of prohibited activity
Jurisdiction and venue clauses
Your attorney can evaluate whether the terms are likely to be upheld in Rhode Island court.
2. Send a Cease-and-Desist Letter
Often, the first step is sending a formal notice demanding the former employee stop violating the agreement. This may be enough to resolve the issue without litigation.
3. File a Lawsuit or Injunction
If the former employee refuses to comply, you may need to file a civil lawsuit for:
Injunctive relief (to stop the violation immediately)
Damages (if your business suffered financial harm)
Enforcement of other contract terms
Rhode Island courts may act quickly in cases where client relationships or confidential data are at risk.
At Almagno Law, we help clients obtain fast and effective legal remedies.
Defending Against an Unreasonable Non-Compete
If you’re an employee or small business owner being threatened with enforcement, you still have rights. Courts will carefully examine:
Whether the non-compete is necessary
Whether it’s overly restrictive
Whether you had meaningful choice when signing it
In some cases, the clause may be ruled unenforceable — or modified to be more reasonable.
Recent Trends: Courts Are Scrutinizing Non-Competes More Closely
Courts in Rhode Island and across the U.S. have grown increasingly skeptical of overly broad non-compete clauses, especially for:
Lower-wage workers
Independent contractors
Short-term or seasonal employees
Employers should review existing contracts to ensure they’re compliant with current standards — and not exposing themselves to legal challenges.
How Almagno Law Can Help
Whether you’re seeking to enforce a non-compete or defend against one, the attorneys at Almagno Law can:
Review or draft enforceable non-compete language
Negotiate resolutions before litigation
File or respond to breach of contract lawsuits
Protect your business relationships and confidential information
View our case results and testimonials to see how we’ve helped others resolve business disputes effectively.
Contact a Rhode Island Non-Compete Lawyer Today
Don’t wait until a former employee takes your clients or a competitor accuses you of violating a contract. Contact Almagno Law today for a confidential consultation about your non-compete issue.
Need more info? Visit our FAQs or explore our legal blog for more business and employment law insights.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.
