Could I be held for breach of Non-compete agreement?

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Could I be held for breach of Non-compete agreement?

Hi,

I am currently in the process of accepting an offer from a software
company in California. Currently I’m employed in a North Carolinian
company, and I remember having signed a non-compete agreement form.

I will be working remotely for the Californian company while based in NC.
It could be construed that I’m working around the same market-sphere,
although my designated role will be very different.

Unfortunately, I don’t remember the details of the contract. Under normal
North-Carolinian laws, could I still be held in possible breach of the non-
compete agreement?

Thanks..

Asked on February 10, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

North Carolina does enforce non-competion agreements, so long as they are in writing, are reasonable in terms of time duration and geographic or market scope, and are reasonably necessary to protect a legitimate business interest. The key issue is how close is your new role to your old one (regardless of what it is called; looking to the actual knowledge and experience you bring to and will use in it, and the actual responsibilities of it) and also whether the new company competes with the old. It is possible therefore that you could be bound to it.


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