Non-Competition Agreement in Franchisor-Franchisee Disputes

According to North Carolina law, non-competition agreements contained in an employment contract are “more closely scrutinized than” those contained in a contract for the sale of a business.  However, there is some question as to whether a franchise non-compete is similar to an employer-employee non-compete or a business acquisition non-compete. Recently, the North Carolina Court […]

Individual Business Owner Liability — Raleigh Business Litigation Lawyer

Business owners in North Carolina generally have some awareness of the importance in observing corporate formalities in order to avoid being subjected to individual liability for any debts or liabilities of the company.  A failure to exercise corporate formalities or to keep the business separate can subject the owner of the business to a “piercing […]

Employee Status in Overtime and Minimum Wage Cases

Employers often review IRS tax regulations to determine whether or not their workers should be classified as employees or independent contractors.  Case law under the Fair Labor Standards Act tends to reflect that a worker is more likely to be considered an employee for purposes of overtime and minimum wage analysis. If you are a business […]

Terminations Following Complaints to Supervisors – NC Overtime Attorneys

Recently, Federal Courts have determined that terminations following internal complaints (to supervisors or others) regarding overtime or minimum wage, as long as the internal complaints were sufficiently clear and detailed, are protected under federal law.  The Complaints can be oral or in writing and do not have to be filed with a local Department of […]

Raleigh Retaliatory Termination Lawyers

North Carolina is an employment “at-will” state. Employment at will provides that employment can be terminated by either party at any time, for any reason, absent a contractual agreement.  If you are an employee or employer, it must be emphasized that there are multiple exceptions to this general rule. If you are an employee that […]

North Carolina Overtime Attorneys

Often, employers do not pay their employees all wages they are entitled to receive, such as overtime pay as governed by the North Carolina Wage and Hour Act and the federal Fair Labor Standards Act. Employees working more than 40 hours per week must be paid time and one-half of their regular pay, unless specifically […]

Which Business Entity is Right for Your Raleigh Company?

Choosing the right business entity is an important step in starting or growing a company. The choice of one over another can affect liability exposure, taxation rates, management choices, and financing opportunities. Oftentimes, there is no clear choice. Moreover, when a business changes or evolves over time, it may need to modify the selected entity. […]

Unauthorized Practice of Law by a Corporation, LLC, or S-Corp

business law and litigation between two people at a desk

When a corporation, LLC, or S-Corp is involved in a lawsuit, can an agent appear in court on the corporation’s behalf? The answer in North Carolina is no. North Carolina General Statute § 84-5 provides that a corporation cannot practice law in North Carolina. Although agents may negotiate with parties on behalf of the corporation, […]

Raleigh Non-Compete, Non-Solicitation, Trade Secret Business Litigation

sign pen business document

Business clients often come to the firm seeking to enforce non-compete provisions or non-solicitation provisions located in employment contracts or employee handbooks.  However, many of our small business clients are unaware of the implications associated with an ex-employee bringing proprietary trade secrets to a competitor after leaving the company. Businesses who have hired an employee […]