Q: Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?
Time frame is 2 years
Territory is 23 states
Employment referred to as "at-will"
Employee position is non-managerial
Nothing is being offered to sign
A: Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory would be overly broad in North Carolina for the position described. The fact that nothing is being offered to sign would be a complete and total defense to the document. Be careful as a payment as small as $100 or a change in duties or title.
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