A New Mexico non-compete agreement is a document signed by an employer and an employee for the purposes of safeguarding the employer’s business, company, clients, customers, and confidential information. Once an employee signs a non-compete agreement, they are prohibited from establishing a business in the same industry as the employer during and upon the termination of employment. Furthermore, they are not allowed to use the company’s confidential information or solicit clients, customers, contractors, or other employees in order to start a business or work for a competitor of the employer. A non-compete agreement is almost always deemed enforceable in the State of New Mexico; however, there are no specific laws that govern these contracts. For a non-compete to be unenforceable, a court of law would have to find that the duration, geographic scope, and type of employment being restricted are unreasonable. The court will also consider the hardship the agreement puts on the employee and the effect on the public when determining reasonableness.


Laws – None.

Non-Compete Limit – No statutorily defined limit.

Non-Solicitation Limit – No statutorily defined limit.