North Carolina Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (North Carolina)
- Avg cost to draft an Employment Contract: $820.00
- Avg cost to review an Employment Contract: $410.00
- Lawyers available: 52 North Carolina employment lawyers
- Clients helped: 39 recent employment contract projects in North Carolina
- Avg lawyer rating: 4.83 (6 reviews)
What is a North Carolina Employment Contract?
A North Carolina employment contract is a legally binding agreement executed by an employer and a new employee who is hired to perform work duties for the employer.
An employment contract’s primary purpose is to establish an agreed upon working relationship by outlining the terms and conditions surrounding employment including issues like:
- Employee duties
- Compensation
- Company policies
- Causes for termination
Many employment contracts will also include restrictive covenants like non-compete clauses to protect the employer’s business interests.
Are Employment Contracts Enforceable in North Carolina?
Employment contracts are enforceable in North Carolina. Employment contracts that do not contain restrictive covenants are governed by state labor laws and state contract laws that require an offer, acceptance, and consideration to have an enforceable contract.
Employment contracts that contain restrictive covenants like non-compete clauses can also be enforced in North Carolina but are governed by different set of more strict rules.
What Are the Legal Requirements for North Carolina Employment Contracts?
The legal requirements for a North Carolina employment contract that doesn’t contain a non-compete are very lenient. The contract can be written or oral. The only requirement is that it contains a definite duration otherwise, a court may interpret the contract to be terminable at will.
The legal requirements for a contract with a non-compete clause must meet the following conditions to be enforceable:
- The contract must be in writing
- The non-compete clause must be part of the employment contract
- There needs to be valuable consideration
- Must be reasonable regarding duration and territory
- Cannot violate public policy
Types of North Carolina Employment Contracts
There are several types of employment contracts used in North Carolina. These include:
- Permanent employment. Used when an employee is hired to work for a company in a permanent position.
- Fixed term employment contract. Used for short-term employees whose employment will end at the completion of the task or project.
- Independent contractor. A contract for work to be completed by a party who is not an employee of the company.
Frequently Asked Questions
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Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
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Need help with an Employment Contract?
Meet some of our North Carolina Employment Contract Lawyers
Kimbrelly K.
Attorney Kegler has been licensed to practice law in the State of North Carolina since 1998. Over the years, she has worked in firms that focused on small business financing, initial startup formation, to starting several businesses of her own with bootstrap financing to venture capital funding. As a Certified Dream Manager, she couples the skills of listening to understand the big picture to get to solutions that not only fit today's needs but also the long term needs of her entrepreneurial clients.
"Kimbrelly was very communicative and easy to work with, she did an amazing job helping me with my graphic design contract!"
Jonathan M.
Owner and operator of Meek Law Firm, PC. Meek Law Firm provides comprehensive business law representation, precise and informed representation for real estate transactions in the commercial and residential markets of North and South Carolina and efficient succession and estate planning for business owners and individuals.
"He educated and did a through job with making sure that all the bases were covered in the contract reviewed. I do hope to work with again."
Shelia H.
Shelia A. Huggins is a 20-year North Carolina licensed attorney, focusing primarily on business, contracts, arts and entertainment, social media, and internet law. She previously served on the Board of Visitors for the North Carolina Central University School of Business and the Board of Advisors for the Alamance Community College Small Business Center. Ms. Huggins has taught Business and Entertainment Law at North Carolina Central University’s law school and lectured on topics such as business formation, partnerships, independent contractor agreements, social media law, and employment law at workshops across the state. You can learn more about me here: www.sheliahugginslaw.com www.instagram.com/mslegalista www.youtube.com/mslegalista www.facebook.com/sheliahuugginslaw
"I am very grateful for Ms. Huggins unwavering support through my ordeal. Ms. Huggins' showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I highly recommend this law firm."
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
"Awesome work, really put my mind at ease during a contract dispute with a major company."
April 17, 2023
Andrew M.
Business Venture Law: Andrew Moore, Esq. focuses on solving modern business problems with common sense at affordable rates.
May 9, 2023
N'kia N.
I am a business law attorney, a business and entrepreneurship coach, and a small business owner. As an attorney, I have handled a wide range of business-related matters, including disputes involving construction, employment, intellectual property, landlord-tenant, ownership interest, professional licensure, and real estate. I am skilled at drafting demand letters and settlement agreements, as well as negotiating business buyouts, purchases, and sales. My special interests include: - employee handbooks; - independent contractor agreements; - protective/restrictive covenants (such as confidentiality agreements/non-disclosure agreements, non-competition agreements, and non-solicitation agreements); and -severance agreements. *** Any reference to a "FREE consultation" is for "Discovery Call" (legal information and/or information about my services). [All calls by appointment only.]
May 21, 2023
Maria M.
I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for North Carolina Employment Contract Projects
Independent Contractor Contract Review
"Excellent turnaround time! Got exactly what I requested."
Review of employment agreement before accepting job offer
"I had a great experience working with Randy. I had a long, somewhat aggressive non-competition employer agreement for a job offer that I wanted to take. He reviewed every point of the agreement within the agreed timeline and provided a very detailed and specific report about the various risks and practical effects it could have on my future career. He even offered very reasonable suggestions to the terms to negotiate for before signing the offer letter. I am very pleased with the outcome and it allowed me to sign the job offer without fear of a clause that I didn't understand."
Reply From Randy M.
Mike, thank you for your thoughtful review. I’m glad I was able to help you sort through the agreement, understand the practical risks, and get the main concerns addressed before you signed. Best of luck with your new position!
View MoreEmployment Contract/Subscription Agreement Review
"Allen was great to work with! He was very responsive, thorough, and made sure I was satisfied with his work. His insight was invaluable to have before entering into an employment/investment contract with my employer. I would definitely work with him again for any needs in the future!"
Reply From Allen L.
Thank you for the kind words — getting clear insight before signing an employment and investment contract is exactly where this kind of review pays off most. I'm glad it was useful, and I'd be happy to help again. -Allen
View MoreEmployment
Employment Contract
North Carolina
What's termination notice in an employment contract?
I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.
Ryan D.
A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.
Employment
Employment Contract
California
What's intellectual property in an employment contract?
I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.
Russell M.
Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.
Contracts
Employment Contract
Ohio
What's personal leave in an employment contract?
I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.
Jeffrey K.
Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.
Arbitration
Employment Contract
California
What's the arbitration agreement in an employment contract?
I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.
Gagandeep K.
An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.
Business
Employment Contract
California
What is fixed term employment contract?
I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?
Michael M.
This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term
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Employment Contract Review
Location: North Carolina
Turnaround: Less than a week
Service: Contract Review
Doc Type: Employment Contract
Page Count: 15
Number of Bids: 3
Bid Range: $450 - $1,000
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