Does Nc Enforce Non Compete Agreements
Non-contests are scary for everyone. I represent a lot of medical professionals, and sometimes a doctor will say that she feels stuck by a non-competitor. “I`m going to have to move for two years just so I can come back and open my own practice.” When I mention that the non-competition clause may not actually be applicable, I usually have a very skeptical view. See our updated article on NC non-competition. We will assess your case and help you fight for your right to subsistence if we discover that your agreement is likely unenforceable under North Carolina law. For example, if Harris accepted, according to the language of the non-competition clause in its written version, a position of custodian with a competing company, he would be excluded by the provision of the agreement that he does not indirectly employ or participate in it. By preventing Harris from coming into contact with a company providing services similar to those of Andy-Oxy, the scope of the non-compete clause was excessively broad and went beyond what was necessary to protect Andy-Oxy`s legitimate business interests. Employers and workers should be advised when dealing with an agreement not to compete or to advertise. There are many published decisions on this subject and they are not always consistent, but the Andy-Oxy case is the recent decision of the Court of Appeal and it seems that the Court of Appeal is taking a harder line with regard to the applicability of the non-competition rules and the prohibitions on debauchery. Despite decades of reluctance, the Tribunal found the agreement to be appropriate, since it covered only a ten-mile radius and simply prevented the defendant from selling jewellery and other property24 In a second case, a seven-year limitation was “legally appropriate”, given that it covered only two counties.25 These two cases suggest that any non-compete clause limiting employment for more than five years must cover a well-defined activity. specifies in a highly prohibited area. At Gibbons Leis, PLLC, we evaluate your case for free….