Anybody up on Non-Compete Laws in NC?

csudman

csudman

Well-Known Member
Joined
Mar 21, 2005
Location
Statesville
I've been with my empolyer for over 2 years now. Signed a non-comp 1 year in.

I'm wanting to get into business for myself doing the same thing I'm doing now. I work in the printing industry as a sales rep.

I've done some googling on NC Noncompetes and I think that my contract may be what is called "Overly Broad". In the section regarding what I can't do as it relates to competition etc. Its so broad it leads me to believe I can't even operate a copier as a desk clerk.

Ideas? I'm probably gonna end up sitting down with an attorney, but I want as much info as possible going into this.

Thanks
CJ
 
I had an employer come after me after i quit and went to work ACCROSS the street for a major competitor. My lawyer told me that the non-compete contracts do not hold up in court and that he rarely even sees them go to court. most companies know that its not worht the paper it is written on and use it as more of a scare tactic to stop you from going anywhere else.
i suggest consulting your own lawyer for more exact recomendations. I also once heard that they were not even recognized in N.C.
 
They are upheld in NC. Google the words Visionair and non compete.

Forunatly they are only upheld within logical reason. NC courts will not prevent an able bodied employee from obtaining work, they dont want the unemployment rate dropping. In most cases they side with the employee

A non-compete is usually only valid for a few years.

The courts will take into consideration how long it takes to train a new employee.

Unless you work for a big company who can afford lawyers then its not really a big concern.

The distance is also taken into account. accross the steet may be a little close, but 20 or so miles away may be a bit more reasonable.

Just outta curiosity..who do you work for? im inthe same line of business. I've also got a non-compete that leads me to believe that should i quit i cant even walk into an office!
 
just to clarify..valid a for up to 2 years after the job ended.
 
oh yeah? did you receive any kind of benefit for signing the non compete? or did you just sign it for the benefit of remaining employed? i'm pretty sure you have to be Independantly compensated for signing the Non compete i.e. bonus, raise, promotion.
 
Ive been through 5 "court" cases involving non-competes.
4 on the employer side and 1 on the employee side. All with the same company.

NC is a right to work state, A non compete can not be used against you unless it is proven that you will likely take customers or classified info to the competition.

UNLESS you sign a separate agreement. In my employee based case I signed a severance agreement that paid me a fairly large sum of money in accord for a number of factors 1 being non-compete for 18 months and 1 being no contact in any way with current employees of said company. Then said company trumped up bogus charges and came after me for their money. in thee end it was thrown out for non-merit but my lawyer told me and was supported by the judge that at worst my severance money could be owed back, but in no way could they prevent me from pursuing work provided the above 2 werent in jeopardy. BTW the 4 others were all won by employees as well.

But it can scare off a potential employer just to get a letter from an atty saying they will be sued if they hire you.

Especially if you are not a MAJOR player in your industry.
 
Mine was done 1 year in, I was given "compensation" I resceved a 5k reduction in pay and Now get 5% commission.
 
as mentioned above its more todo with what your doing, trade secrets etc.. example I work for IBM, they can't stop me from doing after hours computer support for home or small businesses. That is not a market they are in. But say I was a VP and knew propietary/process info that may give a compeeting company an edge I could not easily start a computer company..

Wasnt there a big google, microsoft case ~6months back where a higher up job hoped and was suied... but it all blew up he ended up just taking a 6 month BS position (in name) at the new company anyway..
 
I'm in the the print industry.
A previous employer had my predecessor under a no-compete.
The employer told me he wasn't even gonna try w/ me because it was pretty much useless.

Pretty much any employment contract in NC isn't worth the paper it's written on.


Matt
 
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