Non-Compete & Non-Solicitation Agreements in NC
Is Your Business Protected?
Your employees are investments - how secure are they?
Without having the proper protections in place, your business could be exposed. In North Carolina, non-compete agreements and non-solicitation agreements are two tools you can use to protect your company. However, there are a lot of guidelines you need to follow to make sure the agreements will hold up in a court of law.
A non-compete limits the employee’s ability to compete with the employer for a set period of time after an employee exits the company. This can shield your business from losing trade secrets, operational knowledge, and other vital information to competitors.
Similarly, a non-solicitation agreement restricts an employee’s ability to solicit an employer’s customers for a set period of time after employment ends. Essentially, this keeps former employees from poaching your customers.
To be upheld by a judge in NC, generally agreements must be:
- in writing;
- a part of the employment contract;
- based on valuable consideration (which means that the employer offers something of value in exchange for the employee’s agreement);
- reasonable as to time and territory; and
- designed to protect the company’s legitimate business interests.
Without former employees, your current workforce, and your competitors being aware of your intent and ability to pursue legal action against any violators, merely having the agreements in place may not be enough to protect your business.
By bringing a civil action to enforce these agreements—which can result in different forms of relief ranging from an injunction to monetary damages—a company sends a message to employees that it is willing to protect the business by enforcing its contractual rights with respect to former employees.
Business Litigation
We help clients with issues such as:
- Non-Compete violations
- Misappropriation of trade secrets
- Prosecuting and defending breach of contract claims
- General corporate litigation
- Collections work
Corporate Change and Transitions
For companies experiencing change or transition, we are able to help:
- Negotiate a business sale
- Create purchase and sale agreements
- Draft licensee agreements
- Conduct real estate lease reviews
- Write vendor agreements
- Draft stock purchase agreements
- Write non-disclosure agreements
Corporate Growth and Expansion
If your business is growing, we can work with you on:
- New hire employee documents
- Hiring practices that protect your interests
- Employee handbooks
- Management policies to minimize risk
- Mergers, acquisitions, and shareholder disputes
From Our Business Clients
"Mathew was excellent in helping me solve a business matter. They were professional and very responsive. Highly recommend!"
- Brady, South End Plumbing
About Mathew E. Flatow
As a lawyer and a small business owner, Mathew has a passion for helping businesses. From startup assistance to helping businesses protect what they've built and manage healthy growth, he views his cases with a singular focus: to solve the problems faced by his clients.
Read more about Mathew and how he helps business in North Carolina.