The packet included an agreement not to compete, which is at the center of this dispute. Defendant worked for plaintiff from 17 August 1998 through 17 December 1998. Her duties included taking reservations over the phone, serving customers at the counter, and performing other routine daily chores. On 17 December 1998, defendant informed plaintiff she was resigning her position to return to school, adding that she hoped to obtain part-time work in the auto rental business. On 29 December 1998, plaintiff obtained a temporary restraining order to prevent defendant from working for Hertz.
Defendant contends the trial court erred in granting the preliminary injunction.
The requirement that an agreement not to compete be in writing includes a requirement that the writing be signed. No contract or agreement hereafter made, limiting the rights of any person to do business anywhere in the State of North Carolina shall be enforceable unless such agreement is in writing duly signed by the party who agrees not to enter into any such business within such territory . . . . N.C. Gen. Stat. 42 N.C. App. The case at bar may be resolved by an examination of the requirement that the writing be signed by defendant.