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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.
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.
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 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.
Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.
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.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
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.