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[thomas <thomas AT tbeckett.com>]

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zman wrote:
| The no compete clause is basically worthless in NC, we are a "right
| to work" state....

Um, not.

This is an "apples and oranges" situation.  "Right to work" is a labor
law issue, and means that you can take a job in an organized (union)
position and not have to join the union.  It is a fundamentally
anti-labor law and overrides the freedom of contract between the
organized workforce and the employer.

A non-compete contract is between the employer and an individual.  They
are generally enforceable within "reasonable" limits.  The conventional
wisdom is that a two-year term is valid.  The geographic limits are more
dependent on the situation.  The courts will protect the employer's
interests as long as the employee is still able to work in that general
field.  I think it is safe to say that NC courts still tilt towards the
employer in most circumstances.

HTH,

TaB

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Thomas A. Beckett, JD & MBA              Business Law and Consulting
828-713-1668            <http://www.tbeckett.com>           919-824-5696
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