North Carolina Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in North Carolina?

Yes. In North Carolina, non-compete agreements are enforceable as long as the contract adheres to the following requirements:

  1. The non-compete must be in writing under North Carolina law.
  2. It must be reasonable in duration and territory.
  3. The non-compete must be part of an employment contract.
  4. There needs to be valuable consideration.
  5. The non-compete must protect a legitimate business interest.

In addition, non-compete agreements can never be enforced against attorneys or locksmiths in North Carolina.

How Long Does a North Carolina Non-Compete Agreement Last?

The duration of a non-compete agreement in North Carolina is not set by state statute so determining how long a non-compete can last will vary case to case depending on the circumstances. Most non-compete agreements only last a couple of years but in North Carolina, agreements lasting up to five years have been ruled reasonable under extreme circumstances.

How Do You Get Around a Non-Compete Agreement in North Carolina?

To get around a non-compete agreement in North Carolina, an employee will have to prove to the court that the agreement does not meet one or more of the requirements that make a non-compete enforceable.

This is most often accomplished by proving that the duration of the agreement is too long or the territory is too large. In North Carolina, time and territory in a non-compete are viewed in tandem. The longer the agreement duration, the smaller the territory needs to be.

What Voids a Non-Compete Agreement in North Carolina?

A non-compete agreement will be void if it is not based on valuable consideration. In North Carolina, continued employment is not adequate consideration because non-compete agreements are already required to be a part of an employment contract. Additional consideration can be a promotion, a raise in pay, or the promise of advance training or schooling.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in North Carolina?

See Noncompete Agreement by State

See Real Non-Compete Agreement Projects

Florida NDA and NCA Review
  • Florida
  • 7 lawyer bids
  • $225 - $500
View Details
California Non-Compete agreement Review
  • California
  • 5 lawyer bids
  • $350 - $400
View Details
California Employment non compete question session Drafting
  • California
  • 6 lawyer bids
  • $249 - $500
View Details
Florida Review Employment Contract Non-Compete Clause for Chiropractor Review
  • Florida
  • 4 lawyer bids
  • $150 - $399
View Details
Texas Non-compete settlement agreement Review
  • Texas
  • 10 lawyer bids
  • $300 - $999
View Details
Illinois confidentiality and non-compete agreement review Review
  • Illinois
  • 6 lawyer bids
  • $599 - $850
View Details

See all Non-Compete Agreement projects in North Carolina


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,104 reviews

Meet some of our North Carolina Noncompete Agreement Lawyers

Brad H. on ContractsCounsel
View Brad
5.0 (6)
Member Since:
November 6, 2020

Brad H.

Partner
Free Consultation
Raleigh, NC
14 Yrs Experience
Licensed in NC
University of North Carolina

Brad is a business attorney with experience helping startup and growing companies in a variety of industries. He has served as general counsel for innovative companies and has developed a broad knowledge base that allows for a complete understanding of business needs.

Recent  ContractsCounsel Client  Review:
5.0

"Great job from Brad. I will definitely contact him again if I need help again."

Angelica M. on ContractsCounsel
View Angelica
5.0 (8)
Member Since:
June 13, 2022

Angelica M.

Managing Attorney
Free Consultation
North Carolina
11 Yrs Experience
Licensed in NC
North Carolina Central University School of Law

Angelica McDonald, Esq. has singlehandedly established an in-demand law firm, won several accolades for her incredible work in her community and has her sights set on building a bi-coastal law practice that serves clients from her hometown to Hollywood. She is putting her city of Raeford, North Carolina on the map as the birthplace of the next legal superstar. And she is just at the onset of her career. An astute attorney, Angelica is sought after for her razor-sharp business acumen and her relentless litigation style. With a diverse background in entertainment, media and sports law, as well as business, she represents entrepreneurs and athletes on everything from complex contract negotiation to intellectual property matters, ensuring anything they’ve built is protected.

Recent  ContractsCounsel Client  Review:
5.0

"Angelica was easy to work with and so patient with all of my questions. I would definitely hire her again."

Richard G. on ContractsCounsel
View Richard
5.0 (1)
Member Since:
June 20, 2022

Richard G.

Attorney
Free Consultation
Greensboro, NC
6 Yrs Experience
Licensed in NC
University of Elon School of Law

Hello! I am an Iowa native trying to bring some Midwest problem-solving to southern civil law. I thoroughly enjoy getting to know the individuals and businesses I assist. I practice estate planning and business formation and, with my litigation experience in mind, I help clients plan to ensure they and their interests are protected in the future.

Neilson B. on ContractsCounsel
View Neilson
Member Since:
March 26, 2022

Neilson B.

Managing Attorney
Free Consultation
Charlotte, NC
7 Yrs Experience
Licensed in NC IL, MO
Shepard Broad School of Law

Hi, I am the founding member of Son of Brown Law Firm, based in Charlotte North Carolina. Our firm practices in the areas of Business Transactions, Cannabis/Hemp, Personal Injury and Immigration Law.

Cindy A. on ContractsCounsel
View Cindy
Member Since:
May 5, 2022
AHAJI A. on ContractsCounsel
View AHAJI
Member Since:
July 8, 2022

AHAJI A.

Attorney
Free Consultation
Houston, TX
27 Yrs Experience
Licensed in NC TX
Indiana University - IUPUI

Ahaji Amos, PLLC is a Houston-based intellectual property and civil litigation firm servicing clients throughout the U.S.

Gregory D. on ContractsCounsel
View Gregory
Member Since:
September 30, 2022

Gregory D.

Attorney at Law
Free Consultation
Wake Forest, NC
6 Yrs Experience
Licensed in NC
Norman Adrian Wiggins School of Law at Campbell University

Gregory S. Davis is a native of New York and is a graduate of the Norman Adrian Wiggins School of Law at Campbell University. He also holds an undergraduate degree in Economics from the Wharton School at the University of Pennsylvania and an MBA from Bowie State University. Prior to entering the practice of law, Greg was a Trust officer for one of the largest U.S. Banks, an adjunct professor of finance at Meredith College and a Series 7 licensed financial advisor. Greg is currently the owner of The Law Office of Gregory S. Davis, PLLC (gsdavislaw.com) focusing on Estate Planning, Real Estate and Business Law. Greg is also an adjunct professor of Business Law at Wake Tech.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for North Carolina Noncompete Agreement Projects

confidentiality and non-compete agreement review

5.0

"Ryenne provides excellent service and highly recommended"

Illinois
Review
Non-Compete Agreement
ContractsCounsel User

Review Employment Contract Non-Compete Clause for Chiropractor

5.0

"I’m very grateful for [Attorney Name]’s guidance in reviewing my contract. They were responsive, knowledgeable, and made a potentially stressful situation feel manageable."

Florida
Review
Non-Compete Agreement
ContractsCounsel User

Contract Review and Legal Advisement for Noncompete Agreement

5.0

"Excellent work and great communication. Thanks Ivan!"

Texas
Premium
Review
Non-Compete Agreement
ContractsCounsel User

Review Non-Compete Agreement in Colorado for New Business Start-Up

5.0

"Was able to answer questions and provide guidance in an effective manner, thanks Patrick!"

Colorado
Hourly
Review
Non-Compete Agreement
ContractsCounsel User

Review Non-Compete Clause in Coaching Program Agreement

5.0

"Zachary did a great job and delivered his answers quickly."

Florida
Premium
Review
Non-Compete Agreement
ContractsCounsel User

Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

Noncompete agreement choice of law?

I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

Venus C.

Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

Read 1 attorney answer>

Employment

Noncompete Agreement

Missouri

Asked on Dec 12, 2023

Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?

I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?

Matthew S.

Answered Dec 16, 2023

No, this at worst is a civil matter and not a criminal matter. F

Read 1 attorney answer>

Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

Read 2 attorney answers>

Employee Rights

Noncompete Agreement

Washington

Asked on Jan 19, 2025

Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?

Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.

Merry K.

Answered Jan 28, 2025

I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true

Read 1 attorney answer>

Employment

Noncompete Agreement

New York

Asked on Jun 29, 2023

Noncompete agreement breach consequences?

I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.

Gregory F.

Answered Jul 6, 2023

I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,104 reviews
Employment lawyers by top cities
See All North Carolina Employment Lawyers
North Carolina Noncompete Agreement lawyers by city
See All Noncompete Agreement Lawyers

ContractsCounsel User

Recent Project:
Review non compete specifically radius clause
Location: Delaware
Turnaround: Over a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 3
Number of Bids: 6
Bid Range: $300 - $599

ContractsCounsel User

Recent Project:
Review Employer Non-Compete
Location: Texas
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 15
Number of Bids: 4
Bid Range: $350 - $450

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 19,104 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city