Can a non-compete clause be enforced?

I am a physician and want to know if my current employer can enforce the non-

compete clause or restrictive covenant in my contract that bars me from

practicing within a 10-mile radius of my current offices for a year?

Asked on March 15, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, non-compete agreements are upheld if: „„

There is adequate consideration given. „„
They are ancillary to the employment contract. „„
The restraints are limited in geographic scope and duration to what is reasonably necessary to protect the employer’s business. „„
They do not impose undue hardship on the employees. „„
They are not against the public interest.

Since you provided few details, it's hard to advise. However, from the limited facts presented, both the length of the restriction and the geographic scope appear to be reasonable. However, there are the other factors to be considered - the business ourpose, the uniqueness of your services, etc. At this point, you should consult directly with an employment law attorney in your area. After reviewing the specific language of the agreement, they can best advise further. That having been said, be aware the courts do not favor non-competes so they are strictly construed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.