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


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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