North Carolina Complaint for Injunction - Covenant not to compete

State:
Multi-State
Control #:
US-CMP-10058
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
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  • Preview Complaint for Injunction - Covenant not to compete

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FAQ

In general, as long as the terms of the non-compete are reasonable and not overly broad, the non-compete will be enforced. However, enforceability varies by state. North Carolina courts generally do not favor non-competes.

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.

Covenants not to compete are frequently enforced where the former employer's "confidential information" may be used or disclosed unless the employee is restrained from competing.

California law bars covenants not to compete in nearly all circumstances. In Edwards v. Arthur Anderson, the California Supreme Court determined that the law should be read strictly, and not only void the ?unreasonable? noncompete clause, but all noncompete clauses other than those explicitly allowed in the code.

North Carolina courts will enforce non-compete agreements only if they meet certain defined criteria. First, they must be in writing and part of an employment contract signed by both parties. You cannot be bound to a non-compete agreement by an oral agreement or by a unilateral communication.

Although governed by individual state laws, common factors include whether the employer has a legitimate interest to protect; whether the geographic scope prevents the worker from making a living; the length of restriction; whether the agreement prevents workers from doing different work from what they are doing; and ...

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North Carolina Complaint for Injunction - Covenant not to compete