Are employers allowed to impose non-solicitation clauses in an employment contract?

Yes, employers in North Carolina are allowed to impose non-solicitation clauses in an employment contract. A non-solicitation clause is a contractual provision that restricts an employee from soliciting customers, vendors, or other employees of the employer after the employment relationship has terminated. Generally, a non-solicitation clause will remain in effect for a certain period of time after the employee leaves and will prohibit the employee from attempting to lure away customers or other employees of the employer. In North Carolina, non-solicitation clauses are generally enforceable as long as they are reasonable. Generally, a non-solicitation clause will be found to be reasonable if it is narrowly tailored to the employer’s legitimate business interest. In addition, the non-solicitation clause must not be overly restrictive in terms of the geographical area and duration for which it applies. It is important to remember that non-solicitation clauses can be part of an informal or verbal agreement between the employer and employee. Therefore, it is important for an employer to ensure that any non-solicitation clause is included in the written employment contract before the employment relationship begins. This will help ensure that the employer is legally protected if the employee attempts to solicit any customers or other employees after their employment ends.

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