If I gained nothing, other than employment and medical bens, is it enforcable?

I have been a dog groomer for 24 1/2 yrs., the last two with a major corporation. I "initialed" a no compete clause that I was not provided a copy of at the time (but I needed a job). I absolutely hate this company and want to leave but it restricts my grooming in any other business w/in 10 miles for a period of 6 mos. I live in a town which is in a rural area of upstate NY and the town isn't even 10 miles in itself. Is this clause too restrictive because it would limit my ability to find employment in my geographic area? Also, I gained no training from this corporation as I brought more to them with my experience and gained nothing other than employment and benefits.

1 answer  |  asked Dec 10, 2009 06:36 AM [EST]  |  applies to New York

Answers (1)

Jeanne M. Valentine
NY courts will often find that a 10 mile, 6 month restriction is valid if you executed a non-compete agreement in exchange for employment. The courts reason that you can work doing something else for 6 months anywhere you want, or you can be a dog groomer as close as 11 miles from the business. Not that you will feel any better, but courts often uphold restrictions that include several neighboring counties and states, for as long as 2 years or more. Unless you can prove that you were tricked into agreeing to the restrictive provision, I am afraid the restriction will likely be upheld.

posted by Jeanne M. Valentine  |  Dec 10, 2009 07:21 AM [EST]

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