Are employers allowed to require employees to sign a non-compete agreement?
In North Carolina, employers are allowed to require their employees to sign a non-compete agreement in certain circumstances. Non-compete agreements are legally binding documents which restrict the employee from working with or for a competitor or starting up their own business that competes with the employer. They are generally used to protect the employer’s intellectual property and confidential information from being disclosed. Employers must be very careful when drafting non-compete agreements because they are often frowned upon by courts, since they restrict the employee’s freedom of movement in the labor market. To be legally valid in North Carolina, non-compete agreements must be reasonable in scope, duration, and geographical area. The duration of the agreement should not exceed two years and the geographical area should be limited to the areas where the employer does business. In addition, for the agreement to be enforceable, it must be supported by some form of consideration, such as the promise of a promotion or a salary increase. Employers also need to be aware that non-compete agreements may not be enforceable for certain types of workers, such as those in the broadcasting or newspaper industry. Overall, employers in North Carolina can legally require their employees to sign non-compete agreements, but they must ensure that the terms are reasonable and legally compliant.
Related FAQs
What is the Worker Adjustment and Retraining Notification Act (WARN)?Are employers allowed to videotape their employees?
Are employers allowed to require employees to sign a non-compete agreement?
What are the rights of employees whose jobs are being transferred overseas?
What are the remedies for sexual harassment in the workplace?
What is the Americans with Disabilities Act (ADA)?
What are the rights of employees with respect to unpaid wages?
Are employers allowed to require employees to attend training sessions?
Are employees required to report workplace injuries or illnesses to their employer?
Can an employer request a medical assessment of an employee's fitness for work?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023