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David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
    • Discrimination
    • Equal Pay
    • ERISA
    • FMLA
    • Non-competition Agreements
    • REDA
    • Retaliation
    • Retirement Benefits
    • Sexual Harassment
    • Social Security Disability
    • State Employees
    • Unemployment Benefits
    • Unpaid Wages
    • Whistleblower
    • Workers’ Compensation
    • Wrongful Discharge
  • Litigation
    • Class Actions
    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
  • Contact
    • Contact Form – Employment
    • Contact Form – State Employees
  • Bio

Non-competition Agreements

David G. Schiller represents North Carolina employees in a wide range of employment law cases — including non-competition agreements (also called covenants not to compete).

Covenants not to Complete

A covenant not to compete is a contract between an employer and employee that prohibits the employee from competing against the employer after the employment ends. The employer has the right to protect its legitimate business interests and can prohibit the employee from working in the same geographic area or from soliciting the employer’s clients for a specific duration of time.

Covenants not to Complete may not be Enforceable

The central issue is usually whether or not the covenant is valid and enforceable. There are no statutes to address these issues. A patchwork of appellate cases gives some general guidelines but has left a good deal of uncertainty in determining whether or not the covenant is enforceable.

To be valid and enforceable, the covenant must be:

(1) in writing;
(2) reasonable as to time and territory;
(3) made a part of the employment contract;
(4) based on valuable consideration; and
(5) designed to protect a legitimate business interest of the employer.

To determine whether a covenant is enforceable requires a detailed review of the covenant and the facts surrounding the signing of the covenant to determine whether all of the five factors above have been met.

Contact Us • Representation through North Carolina in Employment Law

You are welcome to contact us regarding your employment law issue.

We can be contacted by telephone at (919) 789-4677 or by completing the general contact form.

Primary Sidebar

Employment Law

  • Discrimination
  • Equal Pay
  • Employee Retirement Income Security Act (ERISA)
  • Family and Medical Leave Act
  • Non-competition Agreements
  • REDA
  • Retaliation
  • Retirement Benefits
  • Sexual Harassment
  • Social Security Disability
  • State Employees
  • Unemployment Benefits
  • Unpaid Wages
  • Whistleblower
  • Workers' Compensation
  • Wrongful Discharge
  • North Carolina Employment Security Act

Litigation

  • Class Actions
  • Deceptive Trade Practices
  • Defective Products
  • Personal Injury
  • False Claims Act

The Office

The office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
  • Litigation
  • Contact
  • Bio