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Roger
Roger, Attorney
Category: Business Law
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Are non compete clauses enforceable in Indiana

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I am a sub contractor doing satellite installations(directv/DishNetwork) and one of my former contractors had a clause in their contract that says that i cannot work for any company they work with or have worked with for 5 years. I have since created an llc and she did start paying me under the llc name without a new contract in that name. Is her non compete enforceable?
Submitted: 8 years ago.
Category: Business Law
Expert:  Roger replied 8 years ago.

In April of this year, the case of Central Indiana Podiatry v. Kenneth Krueger held that noncompetition agreements are enforceable to the extent they are reasonable (time and geographic area). To be geographically reasonable, the agreement may restrict only that area in which the business has developed patron/client relationships using the busniess's resources. As for time, most non-competes should be 1-3 years.

If a non-compete agreement was signed, it is likely enforceable unless it is unreasonable with regard to geography and duration.

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