Restrictive covenants are a set of tools that employers sometimes utilize to prevent employees from competing with them after termination of their employment. One of the most common restrictive covenants used by an employer is a “non-compete clause.” An evaluation of the enforceability of a non-complete clause necessarily involves a balancing of interests. On the […]
Archive | Non-Compete Agreements
In case you missed it: Quick facts on enforcing your civil judgment
Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected. The often disappointing reality, particularly in commercial litigation, is that a judgment is sometimes only the […]
Jason Miller and Jeff Monroe named to 2016 Legal Elite list.
Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively. This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]
Jason A. Miller named to 2015 Legal Elite list.
Miller & Monroe is pleased to announce that partner Jason A. Miller was selected to the 2015 Legal Elite list by Business North Carolina magazine in both the Litigation and Young Guns categories. This marks the third consecutive year that Mr. Miller has been honored by Business North Carolina magazine. Business North Carolina magazine honors […]
The Life Cycle of a Lawsuit – Blog 1 of 3 – Filing Suit
Although every case is different, most lawsuits follow the same general pattern. This blog will help you to understand the general life cycle of a lawsuit. Let’s start with a quick overview. All suits begin with an initial complaint and answer, followed by hearings on any preliminary motions (i.e. Motions to Dismiss). The next step […]
My business has been forced to file a lawsuit. Is it possible to recover the money we have to spend on an attorney?
Like any other aspect of commerce, business lawsuits are bound by the adage “it takes money to make money.” Even though you’ve already lost money you’re owed, you still have to pay an attorney to recover what you were owed in the first place. Fortunately, North Carolina has two laws that allow you to recover […]
I’m thinking about filing a lawsuit to collect money owed to my business. What does the process involve? How long will it take?
Although every case is different, most follow the same general pattern. They all begin with initial filings, which are usually followed by the discovery process. There will likely be hearings on various motions at some point. Most suits will be ordered to mediation to see if they can be settled before trial. If settlement is […]
How do I ensure that my employee’s non-compete agreement is enforceable?
North Carolina courts apply a reasonableness test when looking at non-compete agreements. The agreement must be reasonable as to the time period during which the employee is prohibited from competing, the territory in which the employee is prohibited from competing, and the restrictions must serve a legitimate business purpose. In addition, the employer must give […]
I won a judgment at trial. Now what?
I won a case against someone who owes me money. How do I go about collecting what the court said I am owed? Unfortunately, the easiest part about taking someone to court is sometimes prevailing at the hearing or trial, and the actual collection of the money owed can be the most complicated. While it […]
I received a cease and desist letter regarding an employee’s non-compete agreement. Should I be concerned?
Yes! It is surprising how many of my business clients are under the false impression that non-compete agreements are unenforceable in North Carolina. In examining the enforceability of non-compete agreements, North Carolina courts evaluate the time and territory covered by the agreement. Courts also examine whether the agreement covers legitimate business interests or is merely […]