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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default Non-Compete Agreement and Employment With a Former Client

    My question involves employment and labor law for the state of: NC

    I signed a Non-Compete Agreement with my past employer that I worked with for 6 years. The contract is as follows:

    This agreement between XXXXXXXXX and (Employee) states the above-named employee, hired by XXXXXXXXX as a (Specific job title and action), agrees to refuse his/her services to any that has contracted in writing or verbally engaged the services of XXXXXXXXXXXXX for a period of five years from the last date of services rendered on behalf of XXXXXXXXXXXXX. Further, the above-named contractor agree to represent XXXXXXXXXXXX on all assignments and refer all contact to XXXXXXXXXXXXXXXX. Upon signage, failure to abide by this agreement, may result in legal action.

    I now work for one of the clients. My former employer no longer has my current employer as a client or any client in NC. My old job title and new title are very different. At my former employer, I was a salesman and my title now is an IT position at the current employer. I have NOT accepted any jobs similar to my old position and do not intend to. Nor I have traded any secrets with the new company that has taken over my former position. My current employee is the largest employer in the area I live in.

    Now, my former employer found out and has threatened legal action if I don't quit and return to work for them in a different state (My fiancée is 28 credits away from finishing a Bachelors Degree and would lose a whole year of credits if we were to move). Isn't this contract worded in a way that I am NOT breaking my contract under my new position? Is the amount of time in the contract unreasonable?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non-Compete Agreement

    NC noncompetes are required to be in writing. The state courts in NC use multiple factors under
    the common law to determine whether a noncompete agreement will be enforced. There is no
    statute.

    You need to take the noncompete to an employment or contract attorney in your area for review
    & their opinion. They should have an idea of what the courts consider as reasonable &
    enforceable noncompetes in your area.

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