Elizabeth City, NC asked in Civil Litigation, Contracts and Employment Law for North Carolina

Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the money for the hours she paid me during the pandemic before she got approved for the ppp loan . Do I owe her the money ?

1 Lawyer Answer
Kirk Angel
Kirk Angel
Answered
  • Knoxville, TN
  • Licensed in North Carolina

A: If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.

Most likely moving to another state and back will not have any impact on the enforcement of the non-compete you signed previously. Courts in North Carolina will enforce non-competes but only if they meet certain requirements. One of those requirements is that it last no more than two years beyond the end of your employment. I highly recommend you speak to employment attorney about these issues.

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