Helping Clients Negotiate And Dispute Noncompete Agreements
A noncompete agreement is usually part of an employment contract and restricts an employee or contractor from leaving a company and seeking employment or conducting business that would be in direct competition with the company’s interests.
At Britton Law, we help businesses enforce reasonable noncompete agreements and we help them craft noncompete agreements that are enforceable. We also represent employees who are constrained by an unreasonable noncompete agreement to escape or alter the restrictions.
Learn how we can protect your rights regarding noncompete agreements. Our Fayetteville business law practice serves Cumberland County and surrounding counties of North Carolina. Schedule a consultation today.
Is Your Noncompete Agreement Enforceable?
In North Carolina, a noncompete agreement is considered enforceable if it is:
- In writing
- Part of an employment contract
- Based on a valuable consideration, such as a change of employment
- Reasonable in terms of time, territory and customer/client restriction
- Designed to protect the legitimate business interests of the employer
Each noncompete agreement must be examined depending on the facts and circumstances of the case. Depending on the size and scope of the company, certain limits may be more reasonable than others. For instance, an Internet company may be allowed to prevent an employee from working within a larger geographical area than a “brick and mortar” company. However, all noncompete agreements must have a reasonable time limit and geographical size, according to the applicable situation.
Normally an employee or contractor signs a noncompete agreement as part of his or her original contract. However, if he or she is asked to sign a noncompete agreement after beginning employment, some sort of due consideration should be offered, such as an increase in pay, a bonus or additional vacation time.
Meet Our Business Attorney
John Britton holds an MBA as well as a law degree. This gives him insight into how businesses function as well as the laws they are required to follow. John uses his knowledge and experience to help you ensure your company is well-protected while not violating your employees’ rights.
Questions? Contact Us.
We can help your company determine a fair and equitable noncompete clause to protect your business interests and help you enforce current agreements if there is a conflict with a former employee. If you are an employee who is in conflict with your employer over a noncompete agreement, we offer help as well. Call our lawyer at 910-401-3356 to learn more about non-compete agreements in North Carolina, or contact us online.