Hello, I am a psychotherapist in CA and I am wondering if this clause is legally enforceable or valid with regard to clients' medical rights? For example, if a therapist leaves this company and begins working for another company or their own private practice, can the client legally be given the option to choose whether or not they want to continue therapy with that therapist in the new location? Also, is this two year stipulation a valid and legal standard with regard to restricting the client and therapist from engaging in another setting?
"I will not, during employment and for a period of two years after employment ends,
directly or indirectly solicit, agree to perform or perform services of any type that Company X
can render ("Services") for any person or entity who paid or engaged Company X for services, or
who received the benefit of our services, or with whom the employee had any
substantial dealing while employed by Company X."
Thanks for your help!
1 Answer from Attorneys
This is probably not entirely enforceable. The simplistic answer is they can prohibit an employee from in any way trying to "take business with them," but if after leaving a client or customer tracks down the employee and asks for services, the employer cannot prohibit providing them.
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