Are non competition contracts legal in North Carolina ?

Asked over 1 year ago - Greensboro, NC

If so, how do you know if a covenant not to compete is enforceable?

Attorney answers (3)

  1. Kirk J. Angel

    Pro

    Contributor Level 15

    4

    Lawyers agree

    1

    Answered . Yes, non competition agreements are lawful in North Carolina. However, there are several specific legal requirements that must be met for a non-compete to be enforceable. You should consult with an attorney if you have been presented with a non-compete agreement or if you have concerns about a non-compete that you previously signed.

    Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr.... more
  2. Timothy Shawn Howard

    Contributor Level 12

    3

    Lawyers agree

    Answered . They can be enforceable, depending upon the exact terms. You should speak with an attorney for more details.

    Thanks,

    T. Shawn Howard
    www.maginnislaw.com

    The information provided should not be considered legal advice and does not create an attorney client relationship.... more
  3. Frank Anthony Natoli

    Contributor Level 20

    3

    Lawyers agree

    Answered . Hi,

    It is not really accurate to say that a non-compete can ever be illegal per se. It really comes down to whether the courts of any given jurisdiction see a reason to enforce it. In CA, for example, they really will never do so between employees and employers but may do so in say the sale of a business or between business partners ( I guess some would say that they are illegal in CA and NY is not far behind).

    Most states, and I believe NC as well, will enforce these so long as they are reasonable regards to the scope of time and geographic limitation. What is reasonable really depends on a number of factors and the specifc circumstances.

    Keep in mind as well that a non-compete is NOT the same thing as a non-disclosure or non-use of trade secrets or non-solicitation of clients; these are much more likely to be enforceable given the right conditions.

    If you are concerened, I suggest you discuss your situation in private with a lawyer. I will link you to some general info on this topic and most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,997 answers this week

3,122 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,997 answers this week

3,122 attorneys answering