Whittaker General Medical Corp. v. Daniel

WEBB, Justice.

We deal first with the claim against Connie Daniel. This claim brings to the Court a question as to whether damages may be awarded in an action on a covenant not to compete contained in an employment contract. Such covenants are enforceable in this state if they are (1) in writing, (2) made part of a contract of employment, (3) based on valuable consideration, (4) reasonable both as to time and territory, and (5) not against public policy. United Laboratories, Inc. v. Kuykendall, 322 N.C. 643, 370 S.E. 2d 375 (1988).

The Court of Appeals, relying on United Laboratories, Inc. v.…