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NDA/non-competes North Carolina

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  • NDA/non-competes North Carolina

    My business partner and I are having a discussion about whether or not we can include anything in our NDA/non-compete that would serve to prevent employees from going to work for our clients (we are a consulting firm).

    Does anyone have such a clause in their employment contracts?

    I think it's probably not right, unless the client is a direct competitor, and we can't expect clients not to offer good employees jobs (and the employee to turn down a better offer!).

    In any case, I read someplace that non-competes are usually not enforceable, because you legally can't deprive someone of the means to make a living.

    I can see why my partner wants to protect us from having clients steal our employees, but my best guess is that it won't hold up.

  • #2
    Actually, that's quite commonplace in service agreements/contracts between a consulting company and it's clients. Typically, the agreements prohibit the client from employing a consultant assigned to their business for "x" amount of time following the end of the assignment. That's to keep the clients from raiding the consulting company's employees.

    I suggest you and your partner speak to a business attorney about including that language in your service agreements/consulting contracts. (This is an entirely separate issue from a non-compete agreement you may have with an employee.)

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