• About
  • Contact

The Triad Lawyer

~ Just a personal side of the law– opinions, ideas and thoughts.

The Triad Lawyer

Tag Archives: Winston-Salem non-compete agreement

Non-Compete Agreement – The Prenuptial Agreement of Employment Law

05 Thursday Apr 2012

Posted by triadlawyer in Uncategorized

≈ Leave a comment

Tags

NC contract, North Carolina Employment law, Winston-Salem non-compete agreement

Sanders Law Firm, PLLC – Randy W. Ivie, Attorney 336-724-4707

It’s a classic story line. Boy meets girl. Boy falls in love with girl. Boy wants to marry girl but fears the loss of half his wealth if the relationship falls apart. This is followed by the boy’s awkward attempt at broaching the subject of having girl sign a prenuptial agreement.

While prenuptial agreements have lost some of the stigma they once held, there remains a widespread belief that asking someone to sign one means that you lack faith in the relationship, in the institution of marriage or the other person. Accordingly, it may be embarrassment that prevents more prenuptial agreements from being executed.

In the world of business relationships, however, there is no room for such embarrassment. A business relationship is not sacred institution and there is every reason to believe that it won’t be death that does the parting. If you are thinking about hiring a new employee, bringing on a new partner, or adding a new member to your LLC, you don’t have the luxury of not thinking about what could happen when the relationship ends. You could lose much more than you might think in terms of confidential or proprietary information. How will you prevent your ex from commandeering your customer accounts and potential clients, your marketing and sales ideas, your future plans and strategies and your techniques and methods of doing business? What will keep that person from setting up shop down the road and setting out to destroy you with your own information and resources?

A non-compete agreement is designed to protect your interests after a relationship ends. It restricts the use of your assets by someone else whose privileged relationship with you or your company provided access to a wealth of information and resources that can and will be used against you. Without a non-compete a court of law won’t be able to help you much.

There are limitations as to the limitations and restrictions that can be negotiated through a non-compete agreement. First, there has to be consideration. You are asking the future ex-employee, ex-partner or ex-member to give up the right to use your assets. While that may not sound like much, it requires that you give something in return. That something may be the very relationship you are considering, but, for that to qualify, the non-compete has to be part of the “I do.” While a non-compete can be implemented after the relationship is formed, it will require that you find something else, and something more, to give up in return.

Second, the limitations and restrictions have to be reasonable. Reasonableness is in the details and every situation may warrant different terms, but the non-compete has to be appropriate in terms of time and scope. If it’s not, a court is likely to find that you overreached and that the non-compete in unenforceable.

Accordingly, you need the help of an attorney to consider your situation and proscribe the appropriate limitations and restrictions. Sanders Law Firm, PLLC has the experience and knowledge to craft a non-compete agreement or clause that will provide you the maximum protection. Before you tie the knot, call us. There’s nothing to be embarrassed about.

Call 336-724-4707

Recent Posts

  • NC Wildlife Hunting Lease Permission Form
  • NC Hunting on Private Land- written permission
  • Case Study in Losing Market Value- Schlitz in 1970’s
  • Treatment of boxwood blight in NC
  • 247th Easter Sunrise Service (Moravian Church Southern Province)

Recent Comments

Gene Rash on In memory of Steve Carlso…
E. H. Deisher on Life Estate Value of Real Prop…
Cynthia prater on In memory of Steve Carlso…
glenn johnson on Chrome Repair for Classic Cars…
ED CUTTILL on Chrome Repair for Classic Cars…

Archives

  • September 2020
  • August 2020
  • September 2019
  • April 2019
  • March 2019
  • December 2018
  • September 2018
  • August 2018
  • July 2018
  • April 2018
  • March 2018
  • August 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • January 2017
  • November 2016
  • October 2016
  • August 2016
  • June 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • June 2015
  • May 2015
  • March 2015
  • February 2015
  • January 2015
  • October 2014
  • August 2014
  • July 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011

Categories

  • : Buena Vista Lot For Sale
  • business attorney winston-salem nc
  • condemnation attorney north carolina
  • estate litigation attorney north carolina
  • NC BBQ
  • nc eminent domain law firm
  • NC log home builders
  • post judgment collection attorney nc
  • Trust Litigation Attorney NC
  • Uncategorized

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Blog at WordPress.com.