A non-competition agreement has been formed between a company and an employee. It is a condition precedent to the obligations of the company under the merger agreement that the employee enter into a non-competition agreement in the form of this agreement with the company, including the covenant not to compete contained within the agreement, and the employee understands and acknowledges that this agreement is a material inducement to the company upon which it is relying in consummating the transactions contemplated by the merger agreement.
North Carolina Sample Noncompetition Agreement between Company Employer and Employee
Category:
State:
Multi-State
Control #:
US-C-9154
Format:
Word;
Rich Text
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Non-compete agreements are not viewed favorably under North Carolina law. To be valid, they must be designed to protect a legitimate business interest of the employer. If it is too broad to be considered a reasonable protection of the employer's business, it will not be enforced.
I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
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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.
North Carolina courts do not enforce non-solicitation agreements that prohibit former employees from soliciting customers with whom former employees had no personal contact or interaction (Clinical Staffing, Inc. v.
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.
A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.
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-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.
