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Covenant Not to Compete

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Covenant Not to Compete

Our Raleigh Business Lawyer is Here to Help

A "Covenant Not to Compete" is an important part of business law. Sometimes people refer to them as "non-competition" or "non-compete" documents. When one hires another individual, it is crucial to protect your business so that the person hired does not in the future take your clients or your business activity and make it their own. A "covenant" is a promise made by an employee to an employer to protect the employer from future rip-offs. These business covenants can cover many different areas and are drafted on a case-by-case basis.

It is crucial if you are hiring an employee that you have in place a Covenant Not to Compete when this is a concern. Contact a Raleigh law attorney when you are hiring. Hopper, Hopper & Mulligan, PLLC is well-qualified and experienced in drafting such agreements and will work to create a document to increase the chances that you will be safe from unscrupulous employees who wish to steal your clients or information.

Helping You Draft a Solid Document

In North Carolina, the courts will uphold a Covenant Not to Compete when the document is considered to be written fairly. This is determined by the length of time that the person agrees not to compete and other factors the court may consider germane to the case. If there is a clause which appears to be unfair, only that clause will be stricken from the agreement and the other clauses will be upheld.

As this is the case, it is crucial that your Covenant Not to Compete is carefully drafted by an attorney who is very familiar with such documents and how the court reads them. The business attorney at Hopper, Hopper & Mulligan, PLLC has not only written such agreements but litigated them with successful outcome.

Conditions of a Binding Covenant Not to Compete

A Covenant Not to Compete needs certain conditions in place in order to be binding. These conditions include:

  • Contract must have been entered into as a term of employment
  • The time and geographic distance are reasonable
  • Other factors our firm is familiar with

Your Raleigh business attorney will discuss your situation with you and draft a Covenant Not to Compete that will increase the chances of being upheld in the courts, based on past cases and the rules involved. Don't attempt such a document by copying or creating it on your own, as this would likely not protect you legally, based on past legal proceedings involving Covenants Not to Compete.

Contact a business lawyer in Raleigh from Hopper, Hopper & Mulligan, PLLC when you have need of legal protection in the form of a Covenant Not to Compete or any other vital legal business document.

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