Non Compete Agreement Nc Template

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North carolina non compete laws chapter 75 of the north carolina general statutes. In north carolina non compete agreements are enforceable but they are not favored and therefore when they are challenged in court they are viewed with scrutiny.

A non compete agreement is a document that attempts to block an individual or entity from potentially entering into competition with another party.

Non compete agreement nc template. This agreement goes into effect once the employee or contractor severs ties with the company. Often a non compete agreement is part of the hiring. To be valid they must be designed to protect a legitimate business interest of the employer.

North carolina prohibits employers from requiring their employees to sign overly restrictive non compete agreements. There are a few ways that a company can draw up non compete agreements and a few scenarios in which they would be useful. When one is needed.

However you might want to quickly check our table on states that exclude non compete agreements. When analyzing the enforceability of such agreements north carolina courts use an approach intended to balance the tension between the employers and the employees needs. Non compete agreements are not viewed favorably under north carolina law.

North carolinas only statutory provision directly addressing non compete agreements requires that any contract limiting a persons right to do business anywhere in the state must be in writing and signed. Standard non compete agreement template in word. When a new employee is hired.

Anything that goes beyond that may seem a bit skeptical and you can be sure that those in court who will be judging the duration of the non compete agreement will definitely look into why the duration is as long as it is. Like most other states north carolina courts have only been. Elements for an enforceable non compete agreement.

If it is too broad to be considered a reasonable protection of the employers business it will not be enforced. Below is a free non compete agreement template from docracy. A non compete agreement is a contract in which the party signing it agrees to not take certain actions that could be considered competition with the business by which they are employed or contracted with.

The north carolina non compete agreement template can be deployed when a business entity intends to disclose confidential or proprietary information under the condition that such disclosure does not result in any unfair competition caused by the contract recipient. This means that non competes must not impose a greater than necessary strain on the employee once his or her employment comes to an end. 1 this statute however does not directly address when these types of agreements are a permissible restraint on trade.

This is most common when hiring employees as individuals will be exposed to sensitive information about an entity that could later be used against it if the employee decided to create a like business in the future. Both of these parties will benefit from having the expected recipients code of conduct regarding the business confidential. Please note that this article contains general information only so you should consult your own legal professional before making any decisions on nca contracts.