Sample Non Compete Agreement Nc

California, Montana, North Dakota and Oklahoma prohibit competition bans for employees. For many years, North Carolina has adopted the so-called “strict blue pencil doctrine,” which restricts a court`s authority to remove its “pencil” and rewrite the excessive provisions of a non-compete agreement. Instead, an excessive non-competition clause is usually reversed as a whole. At most, a court may decide not to apply a clearly separable part of a non-competition agreement in order to make the overall agreement appropriate. However, a court cannot revise or rewrite the non-competition agreement. 15. Compare Orkin Exterminating Co. de Raleigh v. Griffin, 258 N.C. 179, 128 S.E.2d 139 (1962) (with compliance with an employment contract limiting employment in 25 specific NC cities) and Keith v. jour, 81 N.C App.

185, 194-95, 343 S.E.2d 562, 567-68 (Ct. 1986) (with the maintenance of an employment contract not to open a DIY store in the greater Raleigh area), and Calhoun v. WHA Med. Clinic, PLLC, 178 N.C. App 585, 589-600, 632 S.E.2d 563, 566-573 (Ct. App 2006) (a restrictive contract that prevents a doctor from practicing in seven counties), with Carolina Pride Carwash , Inc. v. Kendrick, NO. COA04-451, 2005 WL 2276904, at No. 3 (N.C. Ct. App.

Sept. 20, 2005) (with the contract that is a contract, not against all North Carolina, VisionAIR, Inc. v. James, 167 N.C. Ca. 504, 508, 606 S.E.2d 359, 362 (Ct. App. 2004) (affirming that a contract preventing the defendant from being employed in a similar store in the southeast) , unenforceable) and Masterclean of North Carolina, Inc. v. Guy, 82 N.C. App.

45, 345 S.E.2d 692 (Ct. App. 1986) (refusal to bring a cease and deseal action, where a former employee violated a broad restriction preventing him from working in a city, city, commune, commune or village in the United States where the company had or indicated its intention to serve). The only legal provision in North Carolina that engages directly in non-competition obligations requires that any contract restricting a person`s right to commercial activities throughout the state be written and signed.1 However, this statute does not directly address when such agreements are an authorized trade restriction. Like most other states, The Courts of North Carolina were only prepared to enforce such agreements if they were “reasonable in time and territory.” 2 Adequacy analysis involves a detailed examination of the worker`s previous employment situation, and the skills and knowledge it has acquired to ensure that the restriction is not broader than is necessary to protect the employer`s activity.3 Some, but not all, states require employers to disclose the existence of a non-compete clause in an employment contract when workers begin to work. Employers in these countries are prevented from submitting non-compete agreements to their employees after the start of employment, unless they provide an additional “valuable consideration” for the worker`s agreement. [3] Such consideration may take the form of a new job itself or, in the case of current workers, new conditions of employment, such as transportation or increase, for example.B. [4] North Carolina is such a state. When an employee ceases to set up a competing business, his or her original employer cannot compel his remaining employees to sign a non-compete agreement to prevent them from joining the competitor without providing additional consideration.