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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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I sold my dental practice in Sept of 2014 and signed a non-compete

Customer Question

I sold my dental practice in Sept of 2014 and signed a non-compete for 3 years with a 10 mile radius. I am located in Glenview,Il. Since there is not enough work in my current office for me and since I wish to work part time at some other office my question is how enforceable is this non-compete?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Unfortunately, it's probably quite enforceable. In general, Illinois upholds non-compete agreements that are reasonable in duration and geographic scope. A 10 mile radius is certainly reasonable in geographic scope. Three years is relatively long, but Illinois cases have upheld non-competes of 5 years. (See Mohanty v. St. John Heart Clinic, 866 N.E.2d 85 (Ill. 2006). You would also have a very hard time arguing that the duration is unreasonable because it is something that you freely negotiated when you sold your practice, and something which the new business owner relied upon when purchasing the practice. I know it's not what you want to here, but to begin practicing within the 10 minute radius that you expressly promised not to practice in as a condition of selling your practice, you would be walking into a lawsuit that you'd be very unlikely to win. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed aby these communications.

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