Legal Question in Employment Law in North Carolina

I am being encouraged to sign an employment contract. I am currently not under contract, but I had a very basic contract when hired. Now I have a more detailed and lengthy contract with a noncompete clause and a 90 days notice to terminate clause. I'm concerned about the 90 days notice to terminate clause and how realistic this is to both enforce and to allow me to find another job without creating undue hardship. I don't want to feel trapped in my current job by signing such a contract, but failure to sign the contract means resignation. I have a couple of applications out, and I may be considered alternate employment soon if I receive a worthwhile offer. So if that were the case, and I needed to change employers, do I have any legal rights to begin sooner than ninety days without severe penalties or hardship. Also, I'm not sure that having to wait 90 days for a new job to begin is realistic, which you may be able to address. It would cause hardship because I'm a contracted employee and my work would decrease significantly but hopefully gradually during those ninety days. I guess I'm wondering about this particular piece of the contract and whether or not it's safe/common to have this kind of termination agreement and how much hardship it will likely create in the future. Also, what happens if I break the 90 days and how likely is it that things would be enforceable.


Asked on 9/06/11, 10:12 am

1 Answer from Attorneys

Bob Bollinger Bollinger Law Firm PC

Too complicated to answer here, but the employer is trying to screw you over. Get some legal advice locally from a lawyer who knows about employment contracts and non-competes.

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Answered on 9/14/11, 10:17 am


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