My new employer has a non-compete agreement which is over a 15 mile radius in specific setting of the healthcare industry for 1 year after leaving the employment with the company? How reasonable is the nature of this agreement? what can be the consequences if one is unable to follow it?
1 Answer from Attorneys
Generally speaking, the more restrictive a non-compete agreement is the more reasonable it would be deemed and the more likely that it would be enforced. The reasonability, however, is partly determined based on the context of the industry. So for example even though 15 miles may seem reasonable, if all the positions that exist are within a 15 miles radius then in effect such an agreement would prevent one from working completely which may not be deemed reasonable.
The only way to evaluate the restrictions in your agreement is to review the agreement in the context of your industry. If you believe that this agreement would prevent you from earning a livelihood then you absolutely should consider using an attorney to review it.
The good news is that such a review + discussion with you would take less than a couple of hours and relatively is not costly. Please contact me directly and take advantage of the deep discount I offer to lawguru users available for 24 hours after the posting an answer.
Roman R. Fichman, Esq.
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