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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 95885
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I'm a Physiotherapist who is working company with 30

Customer Question

I'm a Physiotherapist who is working for a company with 30 clinics in ottawa. My wife is also a physiotherapist and she is starting a clinic which is about 1km away from my current workplace. My contract with my current employer restricts me from starting a business within a radius of 5km from thecompany( which means 30 clinics as it doesn't specifically say my working location) for 2 years upon termination of contract. When I resigned, my boss said that he will be going in court against me as he believes that its illegal even though clinic is on my wife's name. Is he right? Can my wife (who is a Physiotherapist too)open a clinic within 5 km from my workplace or is she restricted too because of my contract?2nd issue is soliciting of staff: One of my fellow physiotherapists from my workplace is going to join my wife in her new clinic. My wife posted a job for a physiotherapist position online on which he applied. My wife interviewed him and she was confused whether to hire him or not. He wrote a letter that he wants to join her with his own wish and is not solicited by anyone. Is this a case of soliciting of staff by me as I'm restricted to do that for 2 years upon termination of contract with the current employer?I don't think so but don't want to do anything illegal.I also want to know if there is a problem if I join my wife at her clinic as an employee or a private contractor?(I've resigned from my job and got one last week to work there.)3rd issue is soliciting of Patients. My contract also restricts me from soliciting of patients from my current clinic for a period of 2 years. Would it be OK if patients find me through Flyers, Google or college website? If they write in intake forms about how they found us, can we take them as our patient?
Submitted: 4 months ago.
Category: Canada Business Law
Expert:  Legal Ease replied 4 months ago.
Are you asking for a second opinion?
Customer: replied 4 months ago.
Please. Specially on the point that I'm still in old contract.
Expert:  Legal Ease replied 4 months ago.

I will opt out.

Customer: replied 4 months ago.
Sorry for that.

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