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  1. #1

    Exclamation Is a Non-Compete Enforceable when Layoff Occurs 6 Weeks After Job Start

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

    When a new employee signs a non-compete for a new job, signing the non-compete would be classified as in "consideration" for the job.
    So what happens if the employer then lays off the employee 6 weeks later (6 weeks after their start date)?

    It would seem that since the job is no longer available the non-compete would also be un-enforceable.
    Additionally it would seem, that after 6 weeks, the employee (assuming they are not stealing information) would be of little threat to the employer.

    Does anyone have comments on this situation or know of any rulings or documents pertaining to this situation.

    As always, any help or advice is greatly appreciated!!

  2. #2
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    Default Re: Is a Non-Compete Enforceable when Layoff Occurs 6 Weeks After Job Start

    The answer is going to be both fact-dependent and dependent on the language of the contract, information we don't have. You should consult a lawyer.

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