Homepage Blank Non-compete Agreement Template for North Carolina
Contents

In the competitive landscape of North Carolina's job market, employers often seek to protect their business interests through various legal agreements, one of which is the Non-compete Agreement. This form serves as a crucial tool for businesses aiming to safeguard their proprietary information, trade secrets, and customer relationships. It outlines the conditions under which an employee agrees not to engage in similar work or start a competing business within a specified geographical area and timeframe after leaving their current position. Key components of the agreement typically include the duration of the restriction, the specific activities that are prohibited, and the geographical scope. While these agreements can benefit employers by preventing unfair competition, they must also be carefully crafted to ensure they are reasonable and enforceable under North Carolina law. Understanding the nuances of this form is essential for both employers and employees, as it impacts career mobility and the ability to pursue new opportunities in the workforce.

Sample - North Carolina Non-compete Agreement Form

North Carolina Non-compete Agreement Template

This North Carolina Non-compete Agreement ("Agreement") is entered into as of [___date___] ("Effective Date"), by and between [___Company Name___], a company organized and existing under the laws of the State of North Carolina, with its principal office located at [___Company Address___] ("Company"), and [___Employee Name___], residing at [___Employee Address___] ("Employee").

WHEREAS, the Company is in the business of [___describe business___], and it is critical for the Company to protect its confidential information and business interests;

AND WHEREAS, the Employee agrees to the restrictions set forth herein in consideration for [___consideration, e.g., employment, continued employment, compensation, etc.___];

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Term

The term of this Agreement shall commence on the Effective Date and shall continue for a period of [___time period___] after the termination or resignation of the Employee from the Company, unless otherwise terminated as provided herein.

2. Non-compete Covenant

The Employee agrees that during the term of this Agreement and for a period of [___time period___] thereafter, the Employee shall not, within [___geographic area___], directly or indirectly, whether on the Employee's own behalf or in the service or on the behalf of others, engage in a business that is in direct competition with the business of the Company.

3. Non-solicitation

The Employee agrees that during the term of this Agreement and for a period of [___time period___] thereafter, the Employee shall not solicit or induce, or attempt to solicit or induce, any employee, contractor, or client of the Company to terminate their relationship with the Company, for any reason whatsoever.

4. Confidentiality

The Employee acknowledges that they may be exposed to confidential and proprietary information belonging to the Company. The Employee agrees to maintain the confidentiality of all such information during and after their employment.

5. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

6. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

7. Amendment

This Agreement may only be amended or modified by a written document executed by both the Company and the Employee.

8. Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will not be affected or impaired in any way.

9. Acknowledgment

The Employee acknowledges that they have had the opportunity to consult legal counsel concerning this Agreement, that they have read and understand the Agreement, that they are fully aware of its legal effect, and that they have entered into it freely based on their own judgment.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first above written.

  • Company Signature: ___________________________ Date: [___date___]
  • Employee Signature: __________________________ Date: [___date___]

File Specs

Fact Name Description
Governing Law North Carolina General Statutes, Chapter 75-4.1 governs non-compete agreements in the state.
Enforceability Non-compete agreements in North Carolina are enforceable only if they are reasonable in scope and duration.
Employee Protections The state law prohibits non-compete clauses that restrict an employee's ability to work in their field after leaving a job, unless certain conditions are met.
Consideration Requirement For a non-compete agreement to be valid, there must be adequate consideration, such as a job offer or promotion.
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