Legal Question in Business Law in North Carolina

I am an independent contractor for habilitation services. I received a letter from my employer�s lawyer reminding me that I cannot work for another Agency while am still employed and even after I leave I cannot do so for at least 2 years. Is this requirement legal in North Carolina? I need a second job.


Asked on 8/03/10, 8:01 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

The answer depends on (a) what you agreed to with the employer; (b) whether the non compete is reasonable in time (2 years) and geographic scope (not specified) given the nature of the job. There is also the issue of whether you are an independent contractor or a disguised employee, which may invalidate any independent contractor agreement. Your state's employment or labor department can advise on this aspect. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/08/10, 8:45 am


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