Legal Question in Employment Law in North Carolina

Re: No Compete Agreement

That's a tough question. You may want to consult with a lawyer, or perhaps even approach your present employer directly about the matter. As a general matter, "To be enforceable, a covenant must meet five requirements--it must be (1) in writing; (2) made a part of the employment contract; (3) based on valuable consideration; (4) reasonable as to time and territory; and (5) designed to protect a legitimate business interest of the employer." My main question about your non-compete agreement is whether it really protects a legitimate business interest of your employer. It does not sound as if you are in a position to take away clients. For that reason, you may have a good basis for challenging the validity of the provision, as it applies to your job. As a more practical matter, it is not clear whether you should inform your employer of your intentions. Your new employer may also want to know about that non-compete provision, as it could expose them to some sort of liability (e.g. tortious intereference with contract), and it could affect their hiring decision.