Exclusionary contracts

zip at jack.com zip at jack.com
Sun Jun 15 16:49:47 EST 1997

HearWHAC <hearwhac at netins.net> wrote:

>(Zipjack) wrote:
>> Does anyone out there know if contractual requirements that an
>> employee not seek new work in Audiology within X# mile radius
>> are legal?
>HearWHAC wrote:

>To be enforceable, a "non-compete" clause in a contract must be fair to
>both parties. The employer should be providing something of value, such
>as a base of patients, marketing, etc. The employee agrees to not
>compete in that area for a specific period of time after they terminate
>their contract with that employer. The courts expect the agreement to be
>"fair" to both parties. If it is not, the contract could be voided and

You know, my employer was not even willing to do an exit interview
with me, and refused to give me the appropriate documents for
unemployment...(though I was going straight to a new job...thank God I
have State cert. to be a speech teacher, because thats what I'm doing
Her only statement on the matter..."Its not important."
I will speak to a lawyer. In any case, I don't trust her enough to
ever use her as a reference, and I'm regularly offerred employment,
anyway. I know for a fact that my not recieving my several months
worth of contractually guaranteed sales bonus is a contract violation.
>One should never enter into such a contract, nor try to violate such a
>contract, without the benefit of a good lawyer. You will find a good
>attorney to be well worth their cost in situations of this nature.
>Paul Woodard ;-)
>(I'm not an attorney, but I highly recommend you contact a "good" one on
>this issue.)

Excellent advice, Paul. I really appreciate it.


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