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Unless you are senior exec level they aren't gonna bother
There are tons of ridiculous non competes out there and courts generally don't enforce non competes that do crap like rob your ability to work
In North Carolina you are an at-will employee and can leave or be fired for any reason they can't wave a stupid contract that impinges your ability to find a job
Now if you were taking trade secrets to another company a court might look at that
I wouldn't worry about it and just take this as a reminder of our pervasive wage slavery and that the working world is full of idiots and oppressors and maybe vote for Bernie
Thank you very much for the responses so far. They are much appreciated. It's interesting to find out others' perspectives.
However, I'd like to clarify that what I'm looking for here is a recommendation for an attorney. I am hoping that someone who knows a good lawyer (or a good law firm) will see this and give me the name of someone I can call.
Depending on the city you live in you can Search on the internet and find a personal injury or employment attorney in your location/city. Avoid the firms in and around RTP itself as they usually deal exclusively with the Employer and not the Employee. Ask the receptionist on the phone whether or not the firm works with the Employee. Alternatively you may want to work with a Contracts Attorney. You also didn't mention your salary --so if you are protecting a $500M salary you may want to go with the big 5 law firms, or just a person or small firm if you are in the $200K and under zone....it all depends. Fees may range from $250 up. I had one attorney once who charged by the page. He was good.
At this stage you do not need someone with litigation experience, just employment experience or contracts experience. I sent you a direct message with a recommendation.
I've had to sign a non-compete at every company I've worked for however them proving it's a direct competitor is usually where it falls apart. If you're not comfortable I'd contact an employment lawyer and be prepared to pay a few hundred dollars for them to review it for you. Not cheap but worth it. I will DM you a name to use.
You should definitely talk to a lawyer. That non compete is probably not enforceable but I have read NC state law favors employers. Also contracts are supposed to be balanced so you should receive some sort of compensation/bonus in return for signing a contract that will potentially limit your income down the line.
If they presented a new contract after you already joined the company, tell them this particular bit of legal handiwork was not on the table when you agreed to come on board for x salary amount and ask them if they want to renegotiate the terms of employment after the fact?
A colleague of mine went through this exact thing, be aware it ended up in an ugly situation for him but he also got a very nice payout from the lawsuit than followed (enough to completely pay off his mortgage in fact).
Thank you very much for the responses so far. They are much appreciated. It's interesting to find out others' perspectives.
However, I'd like to clarify that what I'm looking for here is a recommendation for an attorney. I am hoping that someone who knows a good lawyer (or a good law firm) will see this and give me the name of someone I can call.
All...
Give attorney names.
OP? We love to discuss issues here on the local forum.
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Right, what we're telling you OP is unless you *should* be worried about this (which, if you should be, you would be, IE you're a CxO or board member with justification for a true non compete) you're wasting your time. But if you want to go to an attorney and pay them to look something over that will never be enforced, used, or looked at again after you sign it, go for it.
If you still want to set your money on fire, Maginnis Law in Raleigh has good reviews and they do employment work.
Thank you very much for the responses so far. They are much appreciated. It's interesting to find out others' perspectives.
However, I'd like to clarify that what I'm looking for here is a recommendation for an attorney. I am hoping that someone who knows a good lawyer (or a good law firm) will see this and give me the name of someone I can call.
it's going to cost you rather significant money ($500-1K minimum for real expertise), and your first ? has to be "does your firm represent my company?"
If you earn > $100K a year, you're right to have an attorney with employment law experience review it. However, I've been personally told by local employment attorneys what has been posted - that non-competes are hard to enforce and have to be industry-specific/job-function specific.
If you want to proceed, just say the word.
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