Provided by:  Jennifer Kirschenbaum, Esq.
September 18, 2018
Question:

Hi Jennifer, 

My current agreement contains a non-compete with a large radius.  I found a job with an employer that also has practices inside the radius, but I will be working at a location outside.  Is there a chance my non compete could still apply and be enforceable? 

Thanks, Dr. T


Answer:

Yes.  There is a chance the non compete could apply.  Yes, there is a chance it may be enforceable.  The devil is in the details.  Some non competes floating around restrict an employee from working for any competitor or operator within the restricted radius (we would have to check language).  Whether or not the non compete would be enforceable is another question... Non competes are upheld if they are reasonable in scope and geography, protecting a legitimate business interest.  While a broad radius may not be viewed as reasonable given the marketplace, impact on employer for violation, etc etc., getting to a position where the non compete would be held unenforceable is oftentimes quite cost prohibitive for many employees, as it requires getting before a judge willing to render an opinion - oftentimes that take a lot of work and money to get to that point in a litigation challenge.  Best case scenario is to try to negotiate a way out, if you failed to negotiate well on your way in.  
 
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