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


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.

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