Legal Question in Education Law in United States

I (a retired teacher living on social security with no pension) was given a contract to sign with a tutoring company AFTER I'd been working for it as an independently contracted tutor for 2 months with no contract.

It has a non-competitive clause that prohibits me from being employed as a tutor or in a related capacity by any similar company for FIVE years within 15 miles of the company (also my house as it is nearby).

This seems overly restrictive and perhaps illegal, given the independent nature of tutoring. Is it?

Thank you for your reply.

Asked on 3/08/11, 6:18 am

2 Answers from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Hard to say. Non-competition clauses have often been stricken, but sometimes not.

A fifteen mile radius is not that restrictive, but five years seems to be a long time. Are there actually other tutoring companies in direct competition in that same area? If so, see if you can get a better contract with them. If not, go ahead and sign: the problem may never come up, and if it does it's not a "given" that they will try to enforce it; or be able to.

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Answered on 3/08/11, 8:30 am
Alan Wagner Wagner McLaughlin, P.A.

These are quite routinely enforced and the 15 mile range does not seem too restrictive.

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Answered on 3/08/11, 12:09 pm

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