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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12202
Experience:  Significant experience in all areas of employment law.
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My wife is under contract through work which expired after 1

Customer Question

My wife is under contract through work which expired after 1 year! She has been employed with the company for 5 years and is looking to take another job. In her contract that has not been renewed there is a restrictive covenant which reads as follows : Upon termination of her employment, whether under this agreement or otherwise, employee shall not engage in the practice of veterinary medicine, or its related fields, either as an individual on her own or as a partner, employee or agent for any person or corporation or as an officer, director or shareholder of same, within a 10 mile radius of employers veterinary clinic at 229 winchester cemetery rd, canal winchester, ohio, for a period of at least three years from the date of said termination. So she has been offered a position making much better money from a clinic 5 miles away. Is she still bound by the expired contract that was never renewed or does the wording or otherwise cover that?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 7 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 7 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Customer: replied 7 months ago.
Is there any other info you need?
Expert:  Patrick, Esq. replied 7 months ago.

Unfortunately, based on what you have described the answer would typically be "yes," she would be bound. The reason is this part: "Upon termination of her employment, whether under this agreement or otherwise..." The agreement created an obligation that did not expire when the contract ended and the agreement itself was very clear about that.

In Ohio non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer. It might be possible to get the restriction cut down to two years and three years may be construed as unreasonably long, but that obviously won't help your wife with respect to this employment offer. If she were to accept this offer she would likely be sued and very likely lose that lawsuit. I am very sorry.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....