I have a 50 mile 2 year non-compete as a chiropractor in Central Illinois. Will it hold at 43 miles

Non Compete Question: My clause states that I may not practice chiropractic or work as an agent of another chiropractor within 50 miles of Bloomington-Normal, IL. (from memory but, if I’m correct, verbatim)

With this said, is it as the crow flies from the city boundary or would it be the office where I was employed? I would like to work in Champaign somewhere. It is about 43 miles from edge of bloomington, buy about 49 from the old clinic.

If I practice in a style that is different than my old employer, am I “competing”?

I would never solicit or treat old patients, therefore, I feel that I would only be acting as normal competition. Does this mean I could practice within the 50 mile radius?

50 miles is a huge area for a chiropractor. Have you ever seen anything hold up at this distance in my particular field?

1 answer  |  asked Apr 16, 2012 2:46 PM [EST]  |  applies to Illinois

Answers (1)

John Otto
The answer to your ultimate question is I have not seen a non-compete clause for chiropractors. I don't think the law would be different for chiropractors and non-chiropractors. As I think you realize, the exact wording of the clause is crucial. If it says Bloomington-Normal and it's 43 miles from the eastern edge of Bloomington to the western edge of Champaign, you are inviting litigation if you practice out of an office within 50 miles. You might eventually win, but the cost of the litigation could bankrupt you. There are lots of places to practice around here that are not in Champaign, such as Savoy, Urbana, St. Joseph, etc. If you make sure your new office is located more than 50 miles from the eastern edge of Bloomington (or from the old office, depending on the exact language of the clause) and you don't solicit or treat old patients, I think you would have a strong case, although no one can guarantee you that you won't be sued.

posted by John Otto  |  Apr 17, 2012 11:56 AM [EST]

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