How enforceable is a non-compete agreement for chiropractors?

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How enforceable is a non-compete agreement for chiropractors?

Can the agreement affect my wife if she works in the same industry but in another location?

Asked on March 27, 2012 under Employment Labor Law, Texas

Answers:

Bradley Miller / Miller Law LLC

Answered 9 years ago | Contributor

How enforceable a non-compete is for you will depend on the language of the agreement. Generally, in Ohio non-competes must be reasonable to be enforceable. The two main components of that are geography and time.

The geographic reach of the prohibition is important - the smaller the area, the more likely it is to be reasonable. That doesn't mean that a very broad geographic limitation won't be enforceable. For instance, depending on the circumstances, it might be ok to have a nationwide restriction. However, normally the smaller the area the better.

The other key component is the length of time of the limitation. Shorter timeframes are more likely to be enforceable. But again, that is just a guideline. A 5-year limitation might be perfectly reasonable in some cases, while in others even 2 years is too long. The reasonableness will depend on the circumstances.

And even if parts of the non-compete are not reasonable, a court may still "adjust" the terms so that the non-compete IS resaonable and therefore enforceable.

In short, the only way to know whether a non-compete might be enforceable, and to what extent, is to have an attorney look over its terms and discuss the situation with you to determine the reasonableness of the limitation.

Normally a non-compete will only affect the parties who sign it. If your wife didn't sign the agreement, then she probably wouldn't be limited by it. However, you will want to talk to an attorney to verify this for your situation.

I hope that helps.


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