California  |  Business Law

Legal Question

Asked on: 5/07/08, 1:07 am

covenant not to compete

I sold my physical therapy practice on 3/15/2007. Included in the sale document is the statement :''Seller shall not directly or indirectly carry on a similar business within a radius of 15 miles of the business being sold, attempt to hire any existing employees of the business, solicit any customers of the business nor assist anyone else except the buyer to do so within these limits; nor have any interest, directly or indirectly in such business except as an employee of the buyer, for a period of 3 years from the COP. '' I would like to begin a new practice, does this covenant include marketing to doctors within the 15 mile radius, if my office is outside the 15 mile radius? I understand that I cannot market to prior patients - this would apply to new patients. However, what if my prior patients were to search for me and find me without my telling them of my whereabouts - can i still treat them? Can I hire an employee to work in my facility if it is outside the 15 mile radius? I am currently employed at a clinic which is 14 miles from my previous clinic, and was given a verbal approval by the buyer. Shall I attempt to get a written confirmation of this?

Can I use my prior logo in areas outside the 15 mi. radius?

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