Q: Is my non compete binding?
I am a construction superintendent for a multi family builder, but we build the apartments for the same company who then leases the units. I bring that up, due to I have no contact with customers or trade secrets. Also the NCC states that I cant work in any counties for one year where the company has built or owns or plans on owning property. With this geographic I would have to leave NC/SC. The company that offered me a job builds townhomes in the same county, as I build in now. Townhomes are in the multi family category, but are not the same multi story units that I build now.
A: Generally, non-competes are valid if they are reasonable with respect to time and geography. The time limitation in your non-compete is short, but the geography is potentially large and this inverse relationship is generally valid. But, the clause about "plans on owning property" probably would be too broad. However, this is a very factual determination that depends on more than just the language of the non-compete, but also on the facts of your position and the employer's business. You will have to speak to an attorney and have them review the actual contract to get a more complete answer.
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