StartseiteNon Compete Agreement Miles

In Jack`s case, these options will not help. The launch of his lawn care business will put him in direct competition with his former employer, his clientele is in a no-go zone and he cannot afford to wait for the contract to expire. If you are in a similar situation, you may be able to do something. For someone who wants to develop a non-competition agreement that uses mileage as a measure of distance, one must be aware of how different state courts interpret such a language. It is also worth considering the practical effects of a mileage condition on a non-compete clause, so that a customer probably does not withdraw with the seller when selling a practice. In competition cases, courts in other jurisdictions have reached similar conclusions as to the meaning of the terms “a radius of [X] miles” or “within a radius of [X] miles.” A New Jersey court, for example, stated that “if the area is expressed in a restrictive alliance by the use of the word “ray,” the prohibited distance should be measured along a direct line. If the parties intend to do otherwise, it must be made clear. Scuitier v. Barile (N.J. Div. 1950); see also Cook v. Johnson (Conn. 1879) (the ten-mile radius was ten miles in all directions of the central village of Litchfield); Thompson v.

Allain (Mo. 1964) (explains the language used in the non-competition physician, “fifty (50) miles radius,” without qualification, could not mean miles of road; Maine v. Seals (Wash. 1949) (line was determined by a straight line, regardless of the distance travelled by the nearest route); BJ of Leesburg, Inc. v. Coffman (Fla. Dist. Ct. App. 1994) (“Ray is a common method of describing areas where non-competing operations cannot be carried out and can be calculated accurately.” Because competition bans limit a person`s ability to earn a living, many states have taken steps to discourage them. Several state legislatures, including Florida, have recently amended their laws to make it more difficult to enforce the agreements.

It is also known that courts cancel or rewrite unreasonable conditions. Depending on the laws and court decisions in your state, it may be easier to challenge a non-compete agreement than your average contract. Here are some arguments that may work: 3. Sometimes a practice will want to seize a chance and see if the former employer will bother to impose non-competition bans. This may work well if the injury is small (.4 miles) or if practice suspects that the former employer does not matter. It also works well if the practice has a strategy for transferring the doctor to another office, if the candidate`s former employer must take legal action or send a sensible letter of omission. If the firm does not have the option of relocating the doctor, they may have set up a legal joke with the former employer (and the doctor and practice may receive legal fees and liquidation damages). The practice may be forced to terminate the candidate in order to avoid legal consequences. For this reason, the redundancy provisions should be carefully crafted when a candidate is recruited with a possible non-competition issue. It is positive that this approach can also open the door to financial negotiations with the former employer to purchase non-competition bans; But many firms can`t afford it either.

A recent decision in Ohio (David Ginn, DDS v. Stonecreek Dental Care) further complicates geographic restrictions. In The Ginn case, a dentist sold his dental practice, but continued to work in the same office as an employee.