Employment Lawyers Can Answer Your Employment Law Questions
Thank you for your questions. Please allow me to answer all three of your questions in order listed.You asked:Does the GM's text mean anything relevant since they both verbally have agreed to it, even though it's not in writing? I apologize but until it is in writing, the text, while it may create evidence of an agreement, as yet there is no agreement since no names were mentioned. A text, by itself, is not a contract and while it can provide additional evidence, it is not by itself enough to claim that an agreement took place. Try to get this in writing if you can.Is 18 months too long?Not necessarily. Any non-compete is governed by a variety of factors including length of time, distance radius, and scope of limitation of employment. The courts tend to find most contract under 2 years to be perfectly reasonable unless the scope of limitation of employment is too broad. Here, if the limitation is purely on tennis based positions, it is likely considered to be reasonable. Is 50 miles too broad? Not at all. A 50 mile radius is generally upheld when also reviewed against the time an scope of employment. Some non-competes reasonably can uphold limitations on full counties, states, or even national limitations. A 50 mile limit for 18 months would not be considered unreasonable by most courts.Good luck.
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