Davis Legal, PLLC

A non-compete agreement is a type of agreement that restricts employees of a business from working for a competitor or otherwise competing with the business they are currently working for. It may also limit an employee from working for a competitor after voluntarily quitting their current position. A non-compete agreement may determine that the employee signing the agreement will not work in a certain geographic area for a certain period of time after leaving the company. For example, an employee may not get a job in a similar company within a 30-mile radius from their current employer for up to 6 months after quitting. These terms may vary from industry to industry.

Opening a cannabis business that is fully compliant requires significant work and careful steps to ensure all aspects of the business and its operations are in accordance with the law. This often means a business owner needs extensive paperwork, licensing, and regulatory expertise – a task that is overwhelming and time-consuming for most. A cannabis business attorney can help with every step of opening and running a new cannabis business.

By now, you are probably aware of how the cannabis industry is heavily regulated in many states. In addition, while marijuana and cannabis products are legal in some states, marijuana is still considered an illegal substance under federal law. If you are planning to enter the legal cannabis industry, it may be hard – if not impossible – to try and navigate the extensive set of laws that affect your business. A minor oversight could result in major negative consequences because of the contradictions between state and federal laws. When you work with a cannabis business lawyer, not only can you receive solid business-related legal advice, but you can also get help navigating all the statutes, compliance requirements, and regulations that are needed to start and operate a legal cannabis business. In North Carolina (as in many other states), the cannabis laws are constantly evolving, and as the state begins to consider legalizing medical marijuana, an attorney can help you be prepared to seize the opportunity that the NC market may bring.

At Davis Legal, PLLC, our focus is to provide the legal services every innovative entrepreneur needs to start a successful business and enter the new yet rapidly expanding legal cannabis industry. We are dedicated to helping every client reach their goals. When you come to Davis Legal, PLLC, we will take time to get a full understanding of your business (even if it is just an idea), identify your challenges and work together to develop a plan.

Simply put, business law covers all of the laws that determine how a business should be formed and run. If you are studying to earn a business degree or a graduate degree in a related field, you may end up taking a class on business law. In the legal field, a lawyer that focuses on business law helps business owners stay compliant with industry rules and regulations. Large businesses may always turn to a business attorney whenever they need a contract, or whenever the company initiates an acquisition or a merger, as well as many other situations.

In North Carolina, there is no clear position concerning the enforceability of non-compete agreements in the event an employee is fired. The courts may analyze non-compete agreement challenges on a case-by-case basis and try to balance out the employee’s and the business needs to determine whether the agreement is fair and should be enforced or not. It may be worth consulting an attorney to determine whether your non-compete agreement is still valid even after you were laid off.

In general, North Carolina courts view non-compete agreements with scrutiny during a challenge. Non-compete agreements may be enforceable only when the restrictions it places on the future employability of a worker are not excessively wide in scope and truly reflect the business’s needs to protect its interests. Some of the basic requirements for this type of agreement to be enforceable in North Carolina are (1) the agreement must be in writing; (2) it must be reasonable as to time and territory restrictions; (3) is a part of an employment contract; (4) it is based on valuable consideration and (5) it is meant to legitimately protect your business interests.

In certain industries, non-compete agreements are a routine part of the process of bringing a new employee onboard. While it just may seem like another piece of pre-employment paperwork, not every non-compete agreement is the same when it comes to its enforceability. Our attorneys explain how non-compete agreements work in North Carolina and in what situations they may be deemed unenforceable.