Non-Compete Agreement - North Dakota
NORTH DAKOTA EMPLOYEE CONFIDENTIALITY AGREEMENT
1. DOCUMENT HEADER AND STATUTORY GATE
This Agreement is made as of [EFFECTIVE DATE] by and between [EMPLOYER LEGAL NAME], a [STATE AND ENTITY TYPE] with its principal place of business at [ADDRESS] (“Employer”), and [EMPLOYEE FULL LEGAL NAME], residing at [ADDRESS] (“Employee”).
This employee form contains no provision restraining Employee from exercising a lawful profession, trade, or business. N.D.C.C. § 9-08-06 makes such a restraint void except for qualifying sales of business goodwill and specified dissolution, dissociation, or ownership-interest arrangements. Those transactions require separate documents.
2. LIMITED COVENANTS
“Confidential Information” means non-public Employer information that Employer lawfully protects, excluding general skill and experience, public information, and information Employee may lawfully disclose.
2.1 No Noncompetition Restriction. Employee remains free after termination to accept work, operate a business, work in any location, and perform similar duties.
2.2 Confidentiality. Employee shall not use or disclose Confidential Information except to perform duties for Employer or as applicable law permits.
2.3 Customer and Personnel Clauses. [OMITTED — ADD ONLY AFTER NORTH DAKOTA COUNSEL CONFIRMS THE CLAUSE IS NOT A VOID RESTRAINT UNDER § 9-08-06.]
2.4 Return of Property. Upon request or termination, Employee shall return Employer property, subject to lawful retention rights.
3. CONSIDERATION, REMEDIES, AND GENERAL TERMS
In exchange for Employee’s limited covenants, Employer will provide [INITIAL EMPLOYMENT / PROMOTION / NEW DUTIES] and [$______ SPECIFIC BENEFIT].
A Party may seek relief available under applicable law upon required proof and security. This form creates no automatic tolling, disgorgement, employee indemnity, insurance, bond waiver, or uncapped-liability declaration.
North Dakota law governs. Subject to any valid arbitration clause, the Parties submit to a court of competent jurisdiction in North Dakota. [IF MUTUALLY SELECTED] Arbitration shall occur in North Dakota under [PROVIDER] employment rules.
An unlawful provision is severed only to the extent permitted by law. This Agreement and identified confidentiality agreements are the entire agreement on this subject and may be executed electronically in counterparts.
4. EXECUTION BLOCK
| EMPLOYER | EMPLOYEE |
|---|---|
| [EMPLOYER LEGAL NAME] | [EMPLOYEE FULL LEGAL NAME] |
| By: ___________________________ | ______________________________ |
| Name: _________________________ | |
| Title: ________________________ | |
| Date: _________________________ | Date: _________________________ |
Sources and References
- N.D.C.C. ch. 9-08, including § 9-08-06: https://www.legis.nd.gov/cencode/t09c08.pdf
About this template
- Last updated
- July 28, 2026
- Citations checked
- July 28, 2026
- Jurisdiction
- North Dakota
- Category
- Employment & HR
Legal authority
- N.D.C.C. § 9-08-06 (restraints void; sale and ownership-dissociation exceptions)
Employment documents govern the relationship between a company and its workers, from offer letters and employment agreements through handbooks, performance reviews, and separations. Done right, they set clear expectations, protect against wrongful termination and discrimination claims, and give both sides a record to rely on. Done poorly, they invite lawsuits, agency complaints, and costly disputes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on July 28, 2026.
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