• Blog Post

    NCBC: Fifty-Mile Customer Based Geographic Restriction Makes Non-Compete Agreement Unreasonable

               In August, the North Carolina Business Court (“NCBC”) determined a non-compete agreement was unreasonable because of its overly broad geographic restriction, and denied Plaintiff’s motion for preliminary injunction to prohibit a former employee from competing with it.[1]              In North Carolina, non-compete agreements are generally disfavored and strictly construed against the drafting party.  A non-compete agreement must be (1) in writing; (2) made a part of the employment contract; (3) supported by consideration; (4) reasonable both as to time and territory; and (5) no broader than necessary to protect the employer’s interest.[2]  In determining the reasonableness of such agreements, the…

  • Blog Post

    Fired for Discrimination Complaint: Wrongful Termination Suit Fails to Survive Motion to Dismiss

         The North Carolina Court of Appeals recently affirmed a trial court’s decision to grant a motion to dismiss a lawsuit when the Plaintiff, Lisa Green-Hayes (“Green-Hayes”) failed to properly state a claim for retaliatory wrongful termination.[1]  In her complaint, Green-Hayes alleged she was subjected to the “discriminatory employment practices and … attitude of [defendant]” when he refused to hire women for certain positions, paid women and minorities less than other employees, and told her not to hire women based on certain physical criteria.  Green-Hayes argued she was terminated from her employment in reprisal for engaging in the protected activity of complaining to the Defendant, Handcrafted Homes, LLC (“Handcrafted…