2026 mobility law keeps tightening: new state bans hit non-competes, client non-solicits survive, and trade-secret rules update. The founder-move pattern is the highest-risk lane: non-solicit + IP + garden leave collide.
The 2026 Lines
- State bans: statutory bans expand (CA, MN, OK, ND and newer members); FTC rule stays in litigation (see the 2026 outlook and the state map).
- Non-solicits: 12-24 months, public-posting carve-outs, employee vs client lines (see the mobility guide).
- Founder moves: hiring ex-colleagues post-exit is the classic trap; negotiate the carve-out in the exit, per the separation guide.
The enforcement race is in the enforcement guide, injunctions in the remedies guide, settlement scope in the settlement guide, and SGA interactions in the SGA guide. The public record trail is in the records guide.
Put the rule into action
Write the letter with the free Non-Compete Disclosure Letter generator. The state pages carry the local payout and notice windows, and the application tracker keeps the follow-up date in writing.
Before you sign, get these in writing
- The rule text, not a summary: the sentence in the handbook, plan document, or offer letter that states the payout, eligibility, or notice duty.
- The dates: the notice date, the last day worked, the effective date of any change, and the date the decision was made.
- The name and channel of the decision maker: who approved it, and the email or portal the confirmation was sent through.
- Your own copy, dated: save the request you sent and the answer you received, with the timestamp. A record built after access is cut is much weaker.
Put the rule into action
Rule windows that move a 2026 exit
Mobility law is moving, so the 2026 rule is your clause plus your state plus the clock. Statutory bans keep expanding, the federal rule stays in litigation, and client non-solicits survive where non-competes fail. The non-solicit clock is the number that matters: 12 to 24 months, with public-posting carve-outs and the employee-versus-client line. The founder-move lane is the highest-risk pattern, where non-solicit, IP, and garden leave collide. Check your clause's state, term, geography, and venue, and confirm the current state position with the state agency before you sign.
What to document before you act
Assemble four items before the first conversation:
- The clause text, not a summary: the sentence in the offer letter, handbook, or agreement, with the state, the term, the geography, and the fee-shifting line.
- The list the clause names: the clients, the roles, and the former coworkers inside the non-solicit.
- The garden-leave sentence, if any: the start date, the end date, and the contact rules during the notice period. See garden leave.
- Your own dated copy of each request and answer, saved before access is cut. A record built after the login dies is much weaker.
Numbers you should get in writing
Four numbers decide the mobility outcome: the term in months, the geographic scope, the client list length, and the start date of the new role. The injunction clock is days and the settlement clock is weeks, so a written carve-out signed before your start date is the cheap path. Ask for the carve-out as a sentence: no solicitation of named employees for the stated months, excluding people who respond to public postings.
Then the money lines: the severance weeks, the stand-down pay, and the fee award. A paid stand-down window reads as wages for both unemployment and disability weeks, so label the weeks precisely. Put the severance weeks through the severance calculator and keep the start date, the carve-out date, and the notice date in the application tracker.
Scripts and wording
Ask for the carve-out in writing before signature:
“I am asking for three written terms: the non-solicit period of [months], with an exclusion for people who respond to public job postings; the client list that the clause covers, limited to accounts I personally serviced; and the garden-leave dates, with the contact rules for the notice period. Can you send that language before the offer is signed?”
Then keep the paper clean: the prior agreement copies in the onboarding file, the written role placement confirmation, and the consent from the ex-employer when the clause binds. The disclosure letter is written with the non-compete disclosure generator, and the state lines live on the state rule pages. Confirm the current state position with the state agency.
Clause By Clause What Blocks A Move In 2026
| Clause | What This Guide Records | Ask Before You Sign |
|---|
| Non-compete | Statutory bans keep expanding (California, Minnesota, Oklahoma, North Dakota and newer members); the federal rule stays in litigation | The governing state named in the agreement |
|---|
| Employee non-solicit | Commonly 12 to 24 months and enforced even where non-competes fail | A carve-out for people who respond to public job postings |
|---|
| Client non-solicit | Survives where the non-compete does not; scope is set by the named list | The client list, the clock start, and the contact definition |
|---|
| Trade-secret route | Protects confidential information, not general skills or relationships | Which lists, code, pricing or roadmaps you actually hold |
|---|
| Garden leave | Paid notice during the covenant period, with contact rules stated | Start date, end date, and permitted contact during the window |
|---|
| Founder-move pattern | Highest-risk lane: non-solicit, IP and garden leave collide | Written carve-outs signed before your new start date |
|---|
For the current text behind these numbers, start with the California job exit rules page and the Minnesota job exit rules page, along with the Release of Claims definition and the hiring references non competes guide hub. Those sources state the rule in full; this page only points at them.
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Frequently Asked Questions
- Do non-competes fall in 2026?
- State bans keep expanding, and the federal rule stays in litigation. Non-solicits survive where non-competes fail. Confirm your state's current position with the state agency.
- How long is a typical non-solicit?
- 12 to 24 months, with public-posting carve-outs. The clock start date and the named list are the facts to get in writing.
- What is the founder-move trap?
- Hiring ex-colleagues after exit. Non-solicit, IP, and garden-leave terms collide, so negotiate the carve-out in the exit, not in the lawsuit.
- What paperwork travels with me?
- The clause text, the client and employee lists, the garden-leave dates, and your dated copies of each request and answer. Save them before access ends.
Sources (official record — verify before filing)
Federal Trade Commission