A recurring topic of discussion on SlashDot, typically raised when an existing employee is later asked to sign a non-competition agreement.

The question of enforceability revolves around three areas:
* duration
* geographic area
* scope of work, nature of activities

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Legislation and rulings/decisions at the various federal and state/provincial levels:

* Canada: Canadian Case Law Online (http://library.lsuc.on.ca/GL/research_law_ca_cases.htm)

* Ontario
** "Lyons v. Multari"  Reluctance of courts to enforce non-compete clauses where a non-solicit clause would suffice.
** "Kohler Canada Co. v. Porter"  Non-competition agreement not enforceable if signed after the start of employment and no additional consideration given (e.g., salary raise, promotion, etc).  Continued employment does not qualify as such.
** "Tal Global Asset Management Inc. v. Wai Ping"

* US: Employment Law Information Network (http://www.elinfonet.com/)

* California
** Restrictive covenants are contrary to the state's public policy.

* Florida
** "Earthweb v. Schlack"  1 year too long for IT personnel.

* Michigan
** Michigan Non-Compete Basics (http://tcattorney.typepad.com/noncompete/)

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See Also: OverlyBroadIntellectualPropertyAgreements
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Disclaimer: IamNotaLawyer