North Carolina Sample Noncompete Clauses

State:
Multi-State
Control #:
US-AHI-051
Format:
Word
Instant download

Description

These AHI forms are sample non-compete clauses. They are used to ensure that an employee, upon termination/expiration will not disclose or go into direct competition with the company they were formerly employed with. These clauses expire after a period of time.

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FAQ

A traditional non-compete stops an employee from working for a competitor in a certain geographical area for a certain amount of time after leaving the company. A non-solicitation agreement prevents an employee from poaching customers, contracts or other employees from the company that first hired them.

Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.

In North Carolina, non-compete agreements are enforceable, but they are not favored and, therefore, when they are challenged in court, they are viewed with scrutiny.

Thus, North Carolina case law strongly implies that almost any non-compete agreement with a time limitation of two years or less that covers non-medical business practices will be enforced as long as the territorial restriction is not overly broad.

compete agreement is a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.

The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for

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North Carolina Sample Noncompete Clauses