A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (the bailee) is responsible for the safekeeping and return of the property. Ownership or title to the property remains in the bailor.
North Carolina Bailment Contract Between Employer and Employee Regarding Use of Employer's Equipment in Order to Work at Home
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FAQ
North Carolina is an employment-at-will state. This means that in the absence of a contractual agreement between an employer and an employee establishing a definite term of employment, the relationship is presumed to be terminable at the will of either party without regard to the quality of performance of either party.
In North Carolina, non-compete agreements in the employment context are generally disfavored. However, they are valid within reasonable limits and if consideration was given for the promise not to compete.
In North Carolina, non-compete agreements in the employment context are generally disfavored. However, they are valid within reasonable limits and if consideration was given for the promise not to compete.
An employment contract is an agreement between an employer and an employer regarding the term of employment. An employment contract can range from a simple handshake agreement ("The job is yours is you want it; can you start tomorrow?") to a lengthy written contract filled with legalese.
Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and. of a duration no longer than is necessary to protect those interests.
In North Carolina, courts are permitted to blue pencil restrictive covenants. This means that a court may decide not to enforce a part of the covenant that is distinctly separable in order to make the provision reasonable. However, a court is not able to re-draft an overly broad provision completely or from scratch.
To be enforceable a restrictive covenant must firstly touch and concern or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.
Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.
North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer and Former Employee. When one thinks of a reasonable temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades.
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