How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37884
Experience:  I provide employment and discrimination law advice in my own practice.
18572087
Type Your Employment Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I am inquiring about a non-compete clause that I signed upon

Resolved Question:

I am inquiring about a non-compete clause that I signed upon employment. It states that for 18 months, I cannot work within a 50 mile radius. I worked in Evansville, IN and would like to take a job in Owensboro, KY. Where I worked Evansville does not have any clients in Owensboro mainly because it is aXXXXX I am a tennis teacher and think, first of all, 18 months is way too long to be unemployed. Secondly, because it is across state lines and my former club has no connections, clients or willingness to attach itself to Owensboro tennis in any way, shape or form the 50 mile radius is overbroad; it is approximately 40 miles away but an hour's drive. I asked my General Manager if he would ask the 2 owners to grant me permission to work in Owensboro and he sent me a text that read (without mentioning names), "yes, both Tom and John said you could work in Owensboro." So, I thought it best to get that in writing, as my 1 boss changes his mind daily. I was told by the GM to be patient. Does the GM's text mean anything relevant since they both verbally have agreed to it, even though it's not in writing? Is 18 months too long? Is 50 miles too broad?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 11 months ago.

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.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37884
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.