Courts can modify or ‘blue-pencil’ overly broad non-compete agreements to make them reasonable and enforceable; however, they generally won’t rewrite them entirely. The modifications are based on reducing the scope or duration to levels considered fair and necessary to protect legitimate business interests without unreasonably restricting the employee’s ability to work.
For example: A court might shorten a non-compete agreement from three years to one year or reduce its geographic scope from statewide to within 20 miles of the former employer’s location.