Test to Assess the Client-Based Restriction
In Hartman v. W. H. Odell and Assocs., Inc., 117 N.C. App. 307, 311, 450 S.E.2d 912, 916 (1994), the Court set forth a six-part test to determine whether the geographic scope of a covenant not to compete is reasonable.
The six factors are:
(1) the area or scope of the restriction;
(2) the area assigned to the employee;
(3) the area where the employee actually worked;
(4) the area in which the employer operated;
(5) the nature of the business involved;
(6) the nature of the employee's duty and his knowledge of the employer's business operation. See Hartman, 117 N.C. App. at 312, 450 S.E.2d at 917.
The Court adapted the test as being applicable to assess the client-based restriction.