Is a contract enforceable if the owner closes a satellite medical office, but kept 2 other offices open?

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Is a contract enforceable if the owner closes a satellite medical office, but kept 2 other offices open?

I practiced only at the medical office that was closed by the owner for financial reasons. None of the staff were offered jobs at any other location and thus, we all were terminated. Now the owner is trying to say that the new practice I am with can’t solicit patients or advertise??

Asked on February 12, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your question does not contain enough information to really answer--e.g., you do not describe or define the contract. That said, if you are talking about a non-competition or non-solicitation agreement, if you were terminated (as you apparently were), you would no longer be bound by such an agreement, unless you had received something other than employment (such as a bonus payment or stock options) for signing the agreement. When you only receive employment in exchange for a non-competition or non-solicitation agreement, then if the employer terminates or lays you off, they take away the "consideration," or thing of value, you were getting in exchange for your agreement, and therefore, you would no longer be bound.


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