Non-Compete Agreements Must Be Reasonable

by | | Education, Federal, Legal Advice, News

Non-Compete Agreements Must Be Reasonable

North Carolina Court of Appeals Reminder: Non-Compete Agreements Must Be Reasonable

A recent decision from the North Carolina Court of Appeals underscores an important rule for non-compete agreements: they must be carefully drafted, reasonable, and tied to a legitimate business interest to be enforceable.

In Southeastern Regional Physician Services v. Scott, the Court reviewed restrictive covenants signed by two nurse practitioners. After the individuals left employment, the non-compete provisions prohibited them from “engaging in the practice of Medicine” or providing similar services.

Why the Court Found the Non-Compete Unenforceable
The Court held the restrictions were overly broad and too restrictive—meaning they went further than North Carolina law allows and improperly limited the ability of the employees to continue working in their chosen profession. Importantly, the Court also declined to “blue-pencil”** (rewrite or modify) the agreement to make it enforceable.

This is a critical takeaway for both employees and employers: in North Carolina, a non-compete is not automatically enforceable simply because someone signed it.

What North Carolina Courts Look For in Enforceable Non-Competes
Under North Carolina law, courts evaluate whether a **restrictive covenant** is valid based on factors such as:

– Reasonableness in time
– Reasonableness in scope
– Reasonableness in territory (where applicable)
– Whether the agreement protects a legitimate business interest
– Whether the restraint violates public policy

(“Covenants not to compete are valid and enforceable if they are: “(1) in writing; (2) reasonable as to terms, time, and territory; (3) made a part of the employment contract; (4) based on valuable consideration; and (5) not against public policy.”)

When those requirements aren’t met, the agreement may be found unenforceable.

How This Decision Impacts Employees and Employers
This ruling may affect anyone dealing with non-compete agreements in North Carolina, including:

– **Employees** considering a new job or practice change
– **Health care providers** and licensed professionals impacted by “practice” restrictions
– **Employers** who want to enforce or update restrictive covenants
– Parties facing **threats of enforcement** or litigation after separation

Need Help Reviewing a Non-Compete in North Carolina?
At Brian Elston Law, we review North Carolina restrictive covenants with a focus on practical outcomes and legal strategy. Our employment-law team regularly handles issues involving:

– Non-compete agreements and restrictive covenants
– Separation agreements and employment disputes
– Workplace conflicts and employment-related civil litigation

If you’re being asked to sign a non-compete, already signed one, are changing jobs, or are facing enforcement threats, we can help you understand your rights, risks, and options.

Contact Brian Elston Law

If you have questions about a North Carolina non-compete or another employment law issue, contact Brian Elston Law to discuss what steps to take next.

828-575-9700 - Call Us

Justice for two huskies: Brian Elston Law seeks accountability for Swannanoa kennel case

by | | Announcements, Press Release

Justice for two huskies: Brian Elston Law seeks accountability for Swannanoa kennel case

Thank you WLOS for allowing our client to tell her side of the story.

Brian Elston Law is honored to represent the victim in the case surrounding the tragic loss of two huskies and the broader concerns of animal welfare at a Swannanoa kennel. Our focus remains on accountability, transparency, and ensuring the impacted family receives the support and justice they deserve. As dog lovers, with Brownie Jo as the Office Dog, we stand with victims and advocate for stronger safeguards to protect animals and those who love them. If you have any information about the matter, please do not hesitate to contact us. Details of the case and ongoing efforts to pursue justice will be shared as appropriate.

Read the story here

Before going into a meeting with HR – Read this

by | | Legal Advice

Before going into a meeting with HR – Read this

Five Keys to Protect Yourself and Your Livelihood from Asheville Employment Attorneys

As Asheville employment Attorneys, a common ask is what an employee should do when they hear they are going to meet with HR. Being asked to attend a meeting with Human Resources can make even the most seasoned employee uneasy. Sometimes the meeting is routine. Other times, it may involve a workplace complaint, performance issue, investigation, or disciplinary action. Our firm usually represents employees after the meeting, so here are a couple of pointers for those that are about to meet with HR.

1) It’s not just a conversation – it’s evidence

Do: Even if HR says they just want to have a conversation, do treat it as a formal matter – be professional. Everything you say may be documented, summarized, or later relied upon.

Don’t: Do not assume that HR represents you or your personal interests. HR’s primary role is to protect the company and ensure compliance with internal policies and applicable laws—not to advocate for employees individually.

Why it Matters Legally: Statements made in HR meetings can become part of your personnel file and may later be used to justify disciplinary action or termination. Emotional or careless remarks can be mischaracterized or taken out of context.

2) Be Seen More than Heard

Do: Listen. Ask. Clarify. HR’s job is extremely easy when they let the employee shoot themselves in the foot without knowing it. Be sure you know what is being asked of you, that you understand the question, and most importantly – that you are recalling what exactly happened and not relying just on memory.

Don’t: Avoid oversharing, guessing, or speculating—especially about motives, intent, or events you don’t clearly remember. Statements like “I probably…” or “I guess I might have…” can later be treated as admissions.

Why it Matters Legally: In employment disputes, precision and accuracy matter. Speculative statements can undermine your credibility or weaken a later legal claim, even if your intentions were harmless. Memories fade, so unless you have a document that establishes your version of what happened, avoid staking yourself out when it can be contradicted.

3) Do not let emotions override good judgment.

Do: You may feel that asking to take your own notes or recording the meeting will put them on the defensive. Do not let them bully you out of good judgment. If you are presented with a written statement, warning, or agreement, take the time to read it carefully.

Don’t: Do not feel pressured to sign documents “on the spot,” especially if they include admissions, acknowledgments, corrective action plans, or waivers of rights. It is completely appropriate to ask for time to review documents before signing.

Why it Matters Legally: Some HR documents may have legal consequences, including limiting your ability to file future legal claims. You may just want to get it over with it and sign. You may feel that getting an attorney will make you look guilty. No. Asking for an Asheville Employment Attorney establishes that you have good judgment. Consulting an employment attorney before signing can help you fully understand the implications.

4) Know Your Rights

Do: Be aware that employees may have rights under federal, state, or local law, including protections against discrimination, retaliation, and wrongful termination. If the meeting involves complaints about protected activity (such as reporting harassment or requesting accommodations), take careful notes.

Don’t: Do not ignore red flags such as vague accusations, shifting explanations, or undue pressure to “move past” serious concerns without explanation.

Why it Matters Legally: HR meetings often occur shortly before formal discipline or termination. Understanding whether the issue touches on protected conduct can be critical if a dispute arises later.

5) Document, Document, Document

Do: As soon as possible after the meeting, write down what was discussed: who attended, the stated purpose, key questions asked, and any next steps. Stick to factual observations rather than opinions or conclusions.

Don’t: Do not rely solely on memory—especially if the situation escalates or continues over time. Memory fades; contemporaneous notes carry more weight.

Why it Matters Legally: Written records can be invaluable if you later need to respond to disciplinary actions or consult legal counsel. Accurate documentation helps preserve context and credibility.

Final Thoughts

Not every HR meeting signals trouble—but every HR meeting deserves your attention and care. Staying professional, measured, and informed can help protect your interests while minimizing risk.

If the meeting involves serious allegations, potential discipline, or termination, seeking guidance from our employment attorneys can provide clarity and peace of mind.

Former Henderson County employee sues for wrongful termination

by | | News

Former Henderson County employee sues for wrongful termination

View Full Article Here

Corey B. Atkins, an employment law attorney at Brian Elston Law in Asheville, is leading the wrongful termination lawsuit against Henderson County. “Currently, we have filed suit and awaiting an Answer to our Complaint. Afterwards, we look forward to engaging in the discovery process to find out who knew what, when, and how” states Mr. Atkins in response to the current status of the case. Mr. Atkins followed up and requested that “if anyone has any information regarding Henderson County and the allegations contained in the Complaint, please come forward with any information relevant to the case.”

Corey B. Atkins leads the Employment Law Practice Area for Brian Elston Law with Employment Law Attorney Brian Elston. Brian Elston Law is one of few firms in the state that not only represents injured workers’ and individuals, but can also assist them and others with any employment issues. If you are experiencing problems at work, have been wrongfully terminated, or simply want to know your rights as an employee, the employment law attorneys in Asheville with Brian Elston Law are here for you. The contact number to request a consultation is 828-575-9700.

Hey Hubert, let’s talk.

by | | Legal Advice, News

Hey Hubert, let’s talk.

We saw this coming didn’t we? If you follow the Tar Heels like we do, you saw what happened the past week with Coach Hubert Davis. If you’ve ever gone through a job separation you may be able to relate to what he went through: Your supervisor tells you to write down everything you’re working on, once friendly and familial atmosphere is now cool, meetings that you would otherwise attend you aren’t invited to.

The news finally hit that Coach Hubert Davis, a loyal, hard-working employee of the state since 2012, was let go. We can relate on a number of levels, and especially as a die hard Tar Heel fan and alum. So, Coach, if you’re out there, let’s talk about what’s next for you, or really any employee that is faced with the difficult news that it’s time to move on:

– Take a deep breath. Hubert, you gave us two legendary wins no other coach will ever duplicate – beating Duke at Home on Coach K’s last night and beating them again in the Final Four. Losing a job after decades of loyal service and huge wings can be an emotional roller coaster. Although not legal advice, as we are also husbands, fathers and been through our own job transitions before, our advice is to take a deep breath. We’ll get through this. Now’s the time to lean into your support network and don’t let your emotions get the better of you.
– Preservation Statement – Memories fade, so if you think that something is fishy about your termination, write down as much as you can about what happened. If you now see that what happened six months ago now doesn’t seem right, put together a timeline. If there’s policies/procedures that weren’t followed, write down the details as much as you can about the when, where, and how.
– Severance or release – Hubert, like most employees in today’s corporate settings, is probably going to be offered a severance package. As emotions are running high and there’s a millions things going on in life, e.g. do I have to relocate, what’s my next job, financial concerns, we’re here for you. We routinely help employees review and negotiate severance offers and contract buyouts. In addition, we also review whether or not there’s a wrongful termination or other related employment claim. A word to other employees debating on hiring an attorney to review a severance agreement but have mixed feelings: you will not be judged for asking for more money. Do not feel bad about having an attorney review any release. In fact, having an attorney review your matter is just a reflection of your own good judgment.

– Deadlines – You need to contact an attorney as soon as possible because there are specific deadlines for responding. I understand you’re facing many life questions, such as relocation and more training, but EEOC, DOL and even internal grievance procedures have deadlines.

Coach – thank you for the years of service. You will get through this. And if you cannot win on one court, you can always try another.

– Corey B. Atkins c/o ’08
– Brian Elston c/o ’03

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