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Free non-compete violation cost calculator for liquidated and claimed damages, defense fee estimates, enforceability risk, and litigation posture. Use with other Legal & Compliance tools—illustrative only, not legal advice.
Last updated: April 19, 2026
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Use 0 if none or unenforceable; verify clause language with counsel.
Lost profits, customer diversion, or other alleged harm—illustrative only.
Not reduced by enforceability risk in this model (fees may still be incurred).
e.g. expert fees, compliance costs, or opportunity costs—optional.
Reduces liquidated + employer damage lines only (0–50%)—illustrative.
Scales total exposure for negotiation planning—not a win probability.
Liquidated
$25,000
Employer claim
$40,000
Damages subtotal (before enforceability)
$65,000
Adjusted damages (after enforceability risk)
$48,750
Defense fees
$35,000
Other costs
$8,000
Gross illustrative exposure
$91,750
After litigation posture
$71,565
Range low
$58,683
Range high
$80,153
Formula summary
Damages claim $65,000 (liquidated $25,000 + employer claim $40,000) × 75% after enforceability risk = $48,750 + defense fees $35,000 + other $8,000 = $91,750 × moderate posture
Illustrative total exposure ~$91,750; after moderate litigation posture, ~$71,565. Planning band about $58,683 – $80,153.
Important:
Best for
Negotiation
Compare enforceability assumptions before a mediation date.
Best for
Litigation reserve
Raise or lower the legal fee line to stress-test totals.
Best for
Public policy
Increase enforceability risk when forum law is employee-friendly.
Best for
Expectations
Damages claims, fees, enforceability, and posture in one view.
Best for
Risk vs cost
Use alongside a litigation cost estimator for a fuller picture.
Remember
Strategy
Non-compete law is changing quickly—verify current statutes and decisions.
$25k liquidated, $40k employer claim, $35k defense fees, $8k other, 25% enforceability risk, moderate posture:
After posture
$71,565
Illustrative range
$58,683 – $80,153
Claimed damages combine liquidated amounts and employer-side damages allegations. Enforceability risk reduces that damages subtotal (not defense fees in this model). Defense legal fees and other direct costs are added to produce gross exposure. Litigation posture scales the total for planning, with a low–high negotiation band.
Adjusted damages = (liquidated + employer claim) × (100% − enforceability %)Gross exposure = adjusted damages + defense fees + other costsPosture-adjusted = gross × litigation strength factorScope, breach, remedies—then reform, injunction, and fees
Illustrative exposure after posture: $71,565; planning-style band $58,683 – $80,153.
Injunctions and fee-shifting are not modeled—consult an attorney.
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