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~Melissa~
Member since 5/06 1462 total posts
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Any lawyers know anything about non-compete clauses?
My husband (chiropractor) had to sign one (30 mile) for his current job but is looking to open his own practice. I'm just wondering how many miles will actually hold up in court? Thanks! 
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Posted 10/28/07 10:25 PM  |
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karacg
Babygirl is 4!
Member since 5/05 17076 total posts
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Kara®
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Re: Any lawyers know anything about non-compete clauses?
I believe that non-competes are not valid in NY as it is a right-to-work state.
But I'm not a lawyer - just someone suing thier ex-employer! 
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| Posted 10/28/07 10:30 PM |
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smdl
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me
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Re: Any lawyers know anything about non-compete clauses?
That may be hard to enforce. That would mean he has to travel 30 miles min to work.
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| Posted 10/28/07 10:44 PM |
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AOMom
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Member since 11/06 856 total posts
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j
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Re: Any lawyers know anything about non-compete clauses?
Posted by karacg
I believe that non-competes are not valid in NY as it is a right-to-work state.
But I'm not a lawyer - just someone suing thier ex-employer!
That's not true, they are valid in NY if determined to be reasonable.
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| Posted 10/29/07 7:02 AM |
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JennZ
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Re: Any lawyers know anything about non-compete clauses?
They do hold up in court. The guys at my old job had to sign them, they are VERY hard to get out of. GL
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| Posted 10/29/07 7:46 AM |
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Kara
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Member since 3/07 13217 total posts
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Re: Any lawyers know anything about non-compete clauses?
He signed, agreeing to 30 miles, so his new practice has to be 30 miles or farther away from his old one. Don't ever sign something thinking you'll just get out of it later. This is what he agreed to and, if reasonable, this is what will hold up in court. And honestly, whether you win or lose, defending a lawsuit is expensive, so why even put yourself in that position?
What is the timeframe for this? How many years? After the elapsed time, he can go back and practice anywhere he wants.
ETF typo
Message edited 10/29/2007 8:23:46 AM.
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| Posted 10/29/07 8:16 AM |
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~Melissa~
Member since 5/06 1462 total posts
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Re: Any lawyers know anything about non-compete clauses?
Thanks.
We live in CT and my cousin (a lawyer and a doctor) said that they rarely hold up in court.  Who knows.
I did find out that (here in CT at least) the clause must be reasonable....and if a business gets most of it's clients from a 10 mile radius, then enforcing anything beyond that is not reasonable. DH's office gets 90%+ of their patients from a 3 mile radius. So hopefully 30 is not considered reasonable. That would make for a long commute for DH. =(
He had no choice but to sign it unfortunately and I think it's for 1 or 2 years.
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| Posted 10/29/07 11:01 AM |
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Kara
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Member since 3/07 13217 total posts
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Re: Any lawyers know anything about non-compete clauses?
Posted by ~Melissa~
Thanks.
We live in CT and my cousin (a lawyer and a doctor) said that they rarely hold up in court. Who knows.
Are you honestly willing to gamble? Even if you do win, if they sue, it will be very expensive to defend. If it comes down to an issue of reasonableness, this isn't something that will be decided on a quick (albeit expensive) motion to dismiss either. You're likely talking, if you don't settle, going to trial on the issue of reasonableness. I'm just saying it's expensive. There is no black letter law on what is reasonable and what isn't. Even if you ARE right and DO win, a lawsuit is expensive to defend.
Before setting up a practice, I'd have a long chat with a lawyer who specializes in this kind of work.
Message edited 10/29/2007 11:16:57 AM.
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| Posted 10/29/07 11:15 AM |
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alnem
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Emily
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Re: Any lawyers know anything about non-compete clauses?
Posted by JennZ
They do hold up in court. The guys at my old job had to sign them, they are VERY hard to get out of. GL
yup i had one with my former employer and got sued when i left. they tried to take my license away. it was a real PITA! tell your DH to take those very seriously. good luck!
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| Posted 10/29/07 11:16 AM |
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mrsej
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Re: Any lawyers know anything about non-compete clauses?
However, judges are very hesitant to hold them up unless the person's work is very specialized and as a result would be difficult to replace. Judges do not like telling people that they cannot work and make a living.
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| Posted 10/29/07 11:36 AM |
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~Melissa~
Member since 5/06 1462 total posts
Name:
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Re: Any lawyers know anything about non-compete clauses?
Posted by Kara
Posted by ~Melissa~
Thanks.
We live in CT and my cousin (a lawyer and a doctor) said that they rarely hold up in court. Who knows.
Are you honestly willing to gamble? Even if you do win, if they sue, it will be very expensive to defend. If it comes down to an issue of reasonableness, this isn't something that will be decided on a quick (albeit expensive) motion to dismiss either. You're likely talking, if you don't settle, going to trial on the issue of reasonableness. I'm just saying it's expensive. There is no black letter law on what is reasonable and what isn't. Even if you ARE right and DO win, a lawsuit is expensive to defend.
Before setting up a practice, I'd have a long chat with a lawyer who specializes in this kind of work.
Thank you!!!
I think we have a lot of thinking to do. 
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| Posted 10/29/07 12:17 PM |
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Kara
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Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Any lawyers know anything about non-compete clauses?
Posted by ~Melissa~
Thank you!!!
I think we have a lot of thinking to do.
I know. It's a lot. Talk to a lawyer who does this kind of work for a living. I wish I had a recommendation, but I cannot think of one. They may have some ideas. You might be able to negotiate with the former employer, BUT, talk to a lawyer first. A little $ now could save you $$$$ in the future.
Good luck.
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| Posted 10/29/07 12:44 PM |
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