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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12620
Experience:  Significant experience in all areas of employment law.
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I live in North Carolina. My wife is a Licensed Massage

Customer Question

I live in North Carolina. My wife is a Licensed Massage Therapist and has recently gone to work for a Chiropractor as an independent contractor. The Independent Contractor Agreement they want her to sign has BOTH a Non-Compete and Non-Solicitation of Clients clause. Are these enforceable for independent contractors under North Carolina law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately yes, such agreements are enforceable under NC law so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court.

Of course, non-competes and non-solicitation agreements are negotiable, so your wife can propose less restrictive terms (i.e. 1 year instead of 2), include a provision limiting enforcement to circumstances where she quits (that way she won't be barred from working if she happens to be fired), or propose some sort of incentive pay before signing (i.e. a $1,000 bonus). It's really up to her how she wishes to handle the situation. Of course, she is not required to sign the agreement at all if she is too concerned about the damage doing so may cause to her career. Though if she doesn't sign, her employer could lawfully terminate the employment on that basis, so this is a calculated risk.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.