Alec Sarner

All League Offensive Lineman – Center

How To Get Out Of A Non Compete Agreement In Nc

Employers often ask their employees to sign non-competition contracts. If this is the case, there are two scenarios: (1) when the employee is hired; and (2) after the worker has already worked for the employer. North Carolina law treats these two scenarios in a totally different way. In general, North Carolina law was considered an employer`s protection when a potential new employee signs a non-compete agreement. To exit a non-compete agreement, you will first receive a copy of the agreement you have signed to ensure that it is binding. If, for example, it has never been signed by you and a company representative, a court will not do so. Do not only read the signatures, but also the scope of the agreement to see exactly what it implies, because the language is often vague or misleading. For example, if the agreement prohibits you from working for another company using “the same technology or technology,” the agreement would not cover a new job using other technologies. If you can`t find your initial agreement or if everything seems binding, check your state`s laws, as many areas, such as California, no longer allow non-competition. For more advice from our legal co-author, including how you go to court on your non-compete agreement, read on! Appropriate in terms of time and territory. In North Carolina, there is no defined formula for acceptable time or territorial restrictions.

The only condition is that such restrictions be “reasonable.” With regard to time limitations, the basic rule is that non-competition prohibitions, which are otherwise in force, are appropriate for up to two years. There is a precedent in North Carolina where non-competition bans are more than two years, but these cases are weak and distant. The adequacy of territorial restrictions does not depend solely on the size of the area described in the non-competition agreement. Instead, the courts are looking at where your employer`s clients are and whether the geographic scope of the agreement is necessary to maintain those customer relationships. If you have only worked in Forsyth County and the surrounding 4 or 5 counties, a non-compete clause prohibiting work in Raleigh or Charlotte may have an overly finite scope, which could lift the non-competition clauses.

April 10, 2021 - Posted by | Uncategorized