Based on a clause in my contract, It states that if I were to leave my company that I would not be able to work within a 25 mile radius. I'm assuming this is based on a non-compete, but if I live 21 miles away, does the 25 miles really old up ???
3 Answers from Attorneys
The non-compete contract holds up if it was properly written and executed.
The non-compete is defined as being 25 miles from your employer's office not your home. The non-compete needs to be reasonable with respect to its definition and the basis for requiring same. There are requirements that need to met as well however if drafted properly and timely executed it is enforceable.
If you need the terms of the non-compete reviewed please feel free to contact me without obligation.
As a Franchise Attorney I can say for a noncompete to be enforceable it must be reasonable in time, geographic scope and activity involved. These factors require an analysis of the contract you signed. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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