Due to the current economic climate, non-compete agreements have become increasingly popular in North Carolina. A non-compete agreement can either be contained within an employment agreement or a separate agreement. The primary goal of a non-compete agreement is to prevent former employees to work for competitors of the employer for a specified period of time. Unfortunately due to each contract being different, there is no set of general rules that apply to all of them.
Most courts however will consider the reasonableness of the non-compete to determine whether or not they are going to enforce it. The court will often look at such things as the nature of the job, the time period a former employee is prevented to work for a competitor, and whether the employee received consideration for signing it. However courts have agreed that is unlawful to bar a former employee from working in a trade in which he or she has been trained, except to the extent it is necessary to protect the former employer. Although no employer can force you to sign a non-compete, it is important to know that the employer can then chose not to hire you if you refuse to sign it. Therefore it is important to obtain an attorney who is knowledgeable in the area of non-competes' to review any non-compete or employment agreements your employer may ask you to sign before you sign them.
