This due diligence workform is used to document new employee information, job title, and employment provisions in business transactions.
North Carolina Employment Agreement Workform
Category:
State:
Multi-State
Control #:
US-DD01109
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Employment Agreement Workform?
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FAQ
Definition of estoppel : a legal bar to alleging or denying a fact because of one's own previous actions or words to the contrary.
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.
You have legal rights as an employee even if you don't have a written employment agreement, because a verbal agreement between you and your employer is still legally valid. The terms and conditions of your employment relationship will include: the terms and conditions you've agreed to verbally.
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.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
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.
A claim for estoppel is based on the fact that the employee: was newly hired; detrimentally relied on the promise of employment (e.g., relocation expenses, foregoing other employment, etc); and. was denied a good faith opportunity to perform to the employer's satisfaction once he or she was on the job.
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Promissory estoppel is a claim where a party has, by words or conduct, made a promise to another party which relates to the legal relations between them. Once the other party has acted on that promise, the promisor cannot then afterwards act as if the promise had not been made.
Estoppel theories are centered around both common law and equity. For example, a lender and borrower are in court because of an unpaid debt. The lender says that he will pardon 50% of the debt. The judge can, therefore, issue an estoppel on the lender from going back on his word.
