Legal Question in Employment Law in North Carolina

I have a question about a non-compete agreement. I am going to try to be as brief as possible but try to put all the facts in my question. I worked for a company as a medical technician from 2002 until 2012 when I was let go. When I started with this company, I came with 13 years of experience of doing what I was hired to do. In 2004, myself and the other employees were asked to sign a non-compete agreement and given $1000 for doing so. I did only because I had no plans of leaving. Almost 8 years later, I was fired. Shortly after that, I went to work for another company doing the same thing because I had a wife and kids to support as well as I have been doing this type of work for going on 25 years now so that's all I knew how to do. 2 years after that, my former employer notifies me that he is demanding compensation over the non-compete agreement that I signed 10 years ago. It stated I could not work in that field for the next 2 years or work within a certain mile radius from my former employer. Standard non-compete stuff. My former employer is demanding $10,000 for training he claimed he gave me when I already had the training when I started working there. I wasn't a doctor and did not take any patients with me. The equipment they use is very standard in my line of work so he can't claim I took "trade secrets" with me and gave them to my new employer. I looked up that NC is a "Right To Work" state. What does that mean and can my former employer legally enforce the non-compete agreement?

Asked on 2/27/14, 7:08 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You need to consult an employment law attorney in your area. While non-compete agreements are enforced...they must be very narrowly tailored to protect the employer. First they must be offered with consideration...the $1,000.00 satisfies this.

Whether they would be entitled to any money much less 10,000 is based on several factors. And indepth consultation will be necessary.

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Answered on 3/03/14, 12:24 pm

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