My question involves employment and labor law for the state of: NC
What is the name of your state (only U.S. law)? North Carolina
I signed a 2 year contract for employment at CompanyX which I stayed employed at for 5 years. I was a mechanic/automotive technician/parts sales. Nothing hi tech or special. From what I have read, it is too broad and over reaching. And in NC they will not blue pencil the issues with this contract.
In the Employee contract there is a Non-Compete clause that reads:
"Non-compete Agreement: In event of termination of employment with CompanyX, Employee agrees not to engage in working for, maintaining, developing, or starting any business that shall be in business competition with CompanyX or any of it's divisions or subsidiaries. This agreement will be effective for a period of 3 years after termination of employment whether initiated by employee, company, or by mutual agreement of parties involved."
From all the research I have done, the Time (3 years) is a bit excessive due to the nature of my trade. And there is no geographical boundaries in the clause at all, nor a statement replacing geographic region with a "client list". And it clearly states "in competition with".
They work on all makes/models of cars and auto mechanic is my trade. I am now living 70 miles away from their shop. They have one shop. The Division/subsidiaries phrase is just there to cover all bases. If this non compete was valid, I could not work anywhere for 3 years, as anyone could take their car to them.
I have also read courts normally will not uphold a non compete that is made just to keep competition away.

