unique medical field non compete - is it enforceable?
dear MEL, thank you creating this website and allowing me to post my question.
i am a certified health care practitioner. trying to pull myself out of a dead end job in a deep south state, i found a "promising" position with a family owned business in a major city in IN. i asked for an employment contract. while the owner of the business stated at the job interview that he does not do non competes, his son, a co-owner, added a 1 year 100 miles non compete clause to the contract. this clause limits me from employment with any competitor or opening my own business. i signed it and never received my copy.
my family currently is not in indiana, my wife has an excellent job we both hate for her to lose, but there are and will be no job openings for me in her state of employment. my field is VERY small and any job openings mean moving. to make things worse, we live like this - with me driving back home for weekend - for 3 years and my current employment was supposed to be the final one.
since may this year the business i am employed with is steadily going down, while competition is doing better and better. being the highest salary employee in the office i am afraid to be the 1st one to be asked to leave when revenue will fall low enough.our goal to build a house and re-unite in indiana was put on hold, while we have significant financial obligations in this construction.
after this preambule, the question is: do i have my hands tied with employment options in this major city and have no choices but to finish the house, sell it at loss, and seek employment somewhere else? i had a job offer from a competitor across the street in the city, whos business is booming - i am afraid even to talk to him because of possible retaliations.
apologies for such a lengthy message. thank you for your help.
Answers (1)
Your narrative is a little hard to follow and each case is individual. If you truly feel trapped, it would be the worth paying an attorney to go over all the facts. If your employer is strapped for money, the employer may be happy to waive the non-compete in exchange for you not receiving unemployment, etc. However, a 100 mile restriction for one year will usually be enforceable.
posted by Brenda Franklin Rodeheffer | Sep 27, 2004 1:53 PM [EST]
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