A non-compete can decide where you work next. FineCounsel reviews restrictions before you sign, negotiates them down when you leave, and defends executives when a former employer goes to court.
When we help
- Before you sign: narrowing the scope, territory, and length, and building in pay for any restricted period.
- When you leave: assessing whether the restriction can be enforced, and negotiating a release or a narrower version as part of your severance.
- With a new offer: evaluating the risk with your new employer before you accept.
- If you are sued: defending against a temporary restraining order or injunction. Hearings can happen within days, so call immediately.
North Carolina and Florida treat non-competes very differently
| Issue | North Carolina | Florida |
|---|---|---|
| Overbroad restrictions | Courts can strike separable language but can't rewrite the restriction, so an overbroad non-compete is often void entirely (Beverage Systems, 2016). | Courts must narrow an overbroad restriction and enforce it as narrowed (Fla. Stat. § 542.335). |
| High earners | The same rules apply at every pay level. | Under the 2025 CHOICE Act, workers earning more than twice their county's annual mean wage can be bound for up to four years, and courts must issue preliminary injunctions. |
| Signing requirements | A signed writing, valuable consideration, reasonable time and territory, and a legitimate business interest. | A signed writing and a legitimate business interest. CHOICE Act agreements must also advise you in writing of the right to counsel and give you seven days to review. |
Which state's law applies depends on your agreement and where you work, and that question alone can decide the outcome.
Related reading
- How does North Carolina enforce non-compete agreements for executives?
- Why a common "reformation" clause may not save an overbroad restriction in North Carolina
Common questions
Will my non-compete hold up?
It depends on the wording, the state whose law applies, and your role. Many executive non-competes are broader than courts will enforce, especially in North Carolina.
My new employer says not to worry about it. Should I?
Get your own advice. Your new employer may help with legal costs, but an injunction would be against you personally.
How quickly do I need a lawyer if I'm sued?
Right away. Employers often seek a temporary restraining order, and hearings can be scheduled within days.
Facing a non-compete, or about to sign one?
FineCounsel advises executives on non-competes and non-solicits in North Carolina, Florida, and nationwide. Text 919-307-6311 for the fastest response.
Schedule a Confidential ConsultationAttorney advertising. This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading it. J. Andrew Fine is licensed to practice law in North Carolina (2004) and Florida (1997); matters in other jurisdictions may require local counsel. Prior results do not guarantee a similar outcome.