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Employment Litigation
The lawyers of Erwin and Eleazer, P.A. have extensive
employment law experience. We work closely with employers
during all phases of the employer/employee relationship —
recruitment through termination — to develop practical
employment policies and procedures that comply with the law
and minimize the risk of employment disputes. Our firm
currently represents clients ranging from small businesses
to multi-national corporations, and executives and
employees.
The law firm of Erwin and Eleazer, P.A. provides services to
management in all aspects of the employment relationship,
including advice and representation in such matters as:
- Non-compete covenants
- Resolution through litigation,
arbitration and/or mediation
- General policies and practices
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- Employee handbooks
- Wage and hour issues
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At Erwin and Eleazer, P.A., a substantial number of our
employment law cases tend to deal with covenants not to
compete. A covenant not to compete is a promise by an
employee not to compete with his or her employer for a
specified time in a particular place. A covenant not to
compete, which is also known as a non-competition agreement,
may be a clause in an employment agreement or a separate
contract standing by itself.
Today more employees than ever find a promising career path
blocked by an agreement that meant little to them when they
signed it. In North Carolina and many other states, courts
will enforce agreements by employees not to compete against
their former employer.
The lawyers of Erwin and Eleazer, P.A. can help you find
answers about these covenants, and help you evaluate your
options. Are they enforceable? Generally speaking, yes.
Courts have traditionally frowned upon restrictions placed
by employers on their employees' right to find and make a
living. However, courts will enforce non-competition
agreements if:
- The employer proves that it has a legitimate business
interest to protect by restricting its employees' right to
compete against it;
- The restriction on the employee's right to compete is no
greater than that necessary to protect the employer's
business interest; and
- The covenant not to compete is supported by
consideration, meaning that the employee received something
in exchange for it.
Our attorneys have in-depth experience in handling
non-compete covenants and other employment litigation
concerns, and are recognized as creative problem-solvers and
strategists.
Employment law is complex, so it is important to have the
help of an attorney who knows North Carolina state and
federal laws. Contact us
today or call 704-369-7900. |
