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Home / Opinion Digests / Labor & Employment / Labor & Employment – Contract – Covenant Not to Compete – Geographic Restriction – Unreasonable

Labor & Employment – Contract – Covenant Not to Compete – Geographic Restriction – Unreasonable

Evo Corp. v. Poling (Lawyers Weekly No. 15-15-0833, 14 pp.) (James Gale, C.J.) 2015 NCBC 80

Holding: A covenant not to compete’s geographic restriction is unreasonable because it prohibits defendant from competing with plaintiff within a fifty-mile radius of any of plaintiff’s customers, including customers outside defendant’s field, former customers from the two years before defendant was fired, and plaintiff’s potential customers.

Plaintiff’s motion for a preliminary injunction is denied as to the covenant not to compete. Defendant does not contest an injunction that enjoins him from (1) soliciting plaintiff’s employees to terminate their employment with plaintiff and (2) sharing or using confidential information as defined by his employment agreement with plaintiff.


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