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
>unenforceable.

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
now.).
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.

K

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