Employee competition comes up a lot. However, few people understand what rules apply in this situation. What is Employee Competition? Employee competition is the act by an employee of working in or aiding a competitive business of the employer. For example, an employee working part-time at an employer’s direct competition. There is no minimal […]
What is Tortious Interference with a Contract
Tortious Interference with a Contract is one of those causes of action that sounds scarier than it really is. In its simplest terms, tortious interference occurs when you encourage someone to break the contract they have with someone else. As this is law, there are also exceptions to that rule. A simple example is when […]
Sale of Business Non-Compete
In the realm of non-compete agreements, the standard for the sale of business non-compete agreements are the most lenient. These restrictive covenants that coincide with a company sale agreement or asset purchase agreement are considered to be the ones that require the least protection, and as such, the courts treat them that way. What […]
Legitimate Business Interest in Employment Non-Compete
Restrictive Covenants not to compete, or non-compete contracts, are a tool used to protect a company from unfair competition. They are commonly used in the employment context to prevent this competition, but when analyzing them, you must ensure that they are no wider in scope than is necessary to protect a legitimate business interest. Just like […]
Standard for Employee Non-Compete
In North Carolina, there are different standards for different types of non-competition clauses, formally called restrictive covenants against competition. Employee non-compete contracts are some of the most commonly used non-competes. Employee Non-Compete Employers typically create these non-competes to protect themselves from an employee taking their trade secrets, client lists, and goodwill to a […]
Location and Time Requirement in Employment Non-Compete
Previously, we have examined what a covenant not to compete (non-compete) is and what the top level restrictions are regarding their validity, but there is a significant amount of deeper analysis that goes into each and every one of these restrictive covenants. We’re exploring the location and time requirements in an employment non-compete. Employment […]
What is a Non-Compete? A Restrictive Covenant Primer.
Non-competes are a type of restrictive covenant that prevents one person from competing with another. They are typically used in business to prevent the usage of confidential information or close connections with clients to unfairly compete against the person who made the covenant. Many times, a non-compete is used along side nondisclosures, non-solicitation clauses, and other […]