Can I work as an independent contractor physical therapist for another company while starting my own physical therapy practice at a separate location?

I currently work for another employer as an independent contractor. They had me sign a non-compete stating that I would not work for anyone else while working

for them and not after working for them for at least 3 years and 50 miles away. I want to start my own business but I need to work part-time. Is it legal for the

employer to deny me the right to start working for myself?

Asked on March 27, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

In CA, non-compete agreements are automatically void as a matter of law. This is with certain exceptions which, if met, may result in a non-compete being valid. The first is where the owner of a business is selling the entire business or is selling the goodwill in the business. The second is when there is a dissolution or disassociation of a partnership. And the third, where there is a dissolution of a limited liability corporation.


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