Idaho Code

Idaho Code § 44-2702 (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

For purposes of this chapter, the following terms shall have the following meanings:

(1)  "Key employees" and "key independent contractors" shall include those employees or independent contractors who, by reason of the employer’s investment of time, money, trust, exposure to the public, or exposure to technologies, intellectual property, business plans, business processes and methods of operation, customers, vendors or other business relationships during the course of employment, have gained a high level of inside knowledge, influence, credibility, notoriety, fame, reputation or public persona as a representative or spokesperson of the employer and, as a result, have the ability to harm or threaten an employer’s legitimate business interests.
(2)  "Legitimate business interests" shall include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts and referral sources, vendors and vendor contacts, financial and marketing information, and trade secrets as that term is defined by chapter 8, title 48, Idaho Code.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2018–2023 · leading case: Kibble & Prentice Holding Co. v. Tilleman (D. Idaho 2022).
Kibble & Prentice Holding Co. v. Tilleman (D. Idaho 2022). · cites it 8× “” I.C. § 44-2702(1). “Legitimate business interests” are defined expansively to “include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts…”
NAVEX Global, Inc. v. Stockwell (D. Idaho 2019). · cites it 3× “Idaho Code § 44-2702 (1). In its briefing and at oral argument, NAVEX referred to subsections of the Idaho Code that presently do not exist.”
Brand Makers v. Archibald (Idaho Ct. App. 2018). · cites it 2× “(4) It shall be a rebuttable presumption that an agreement or covenant is reasonable as to type of employment or line of business if it is limited to the type of employment or line of business conducted by the key employee or key independent contractor, as defined in section…”
Blaskiewicz v. Spine Inst. of Idaho (Idaho 2022). · cites it 2× “]” I.C. § 44-2702(2). The legislature has further enacted a list of rebuttable presumptions with respect to whether the duration, geographical area, and type of employment are reasonable.”
The Revelry Grp. LLC v. Jobe (D. Idaho 2023). · cites it 2× “Idaho Code § 44-2702 (1). examining three essential terms: (1) time; (2) territory; and (3) scope of restricted activities.”
Idaho Code § 44-2702(1): 1 case
Kibble & Prentice Holding Co. v. Tilleman (D. Idaho 2022). “” I.C. § 44-2702(1). “Legitimate business interests” are defined expansively to “include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts…”
Idaho Code § 44-2702(2): 2 cases
Kibble & Prentice Holding Co. v. Tilleman (D. Idaho 2022). “” I.C. § 44-2702(1). “Legitimate business interests” are defined expansively to “include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts…”
Blaskiewicz v. Spine Inst. of Idaho (Idaho 2022). “]” I.C. § 44-2702(2). The legislature has further enacted a list of rebuttable presumptions with respect to whether the duration, geographical area, and type of employment are reasonable.”
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