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LegalKnowledge, Attorney
Category: Legal
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Are letters of agreement with aspen dental binding before start

Customer Question

Are letters of agreement with aspen dental binding before start date if I am not wanting to work with their company. I have not started working with them yet. I am a dentist.
Submitted: 3 years ago.
Category: Legal
Expert:  LegalKnowledge replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Was the agreement signed by both parties? Is there any language in it which requires a further/additional step by either party to make it binding? Does the agreement have any remedies in the event of a breach or default? Also, why do you no longer want to work for them?
Customer: replied 3 years ago.
Signed by both but it states that it is not binding and any person agrees that, in addition to any other remedy that may be available to the Company, the Company shall be entitled to injunctive or other equitable relief by a court of competent jurisdiction in the event of any breach or threatened breach of the terms of this agreement without the requirement of having to post a bond. If any court of competent jurisdiction shall at any time deem the duration or the scope of any of the provisions of this agreement unenforceable, the other provisions of this agreement shall nevertheless stand and the duration and/or scope set forth herein shall be deemed to be the longest period and/or greatest scope permissible by law under the circumstances, and the parties hereto agree that such court shall reduce the time period and/or scope to permissible duration or size.
The invalidity of any provision or part of a provision of this agreement shall not affect the other provisions, or parts of a provision as they are written in this agreement.
This Agreement shall inure to the benefit of the Company and its respective successors and assigns. The Employee may not assign his or her rights and obligations under this Agreement.
Employment is not for a definite term, nor does this Letter of Agreement create a contractual right or obligation on the part of either party to continued employment for any particular length of time. Employment with the Company is at-will. Subject to the Intent to Terminate provision set forth below, the Company and the Employee each retain the right to terminate this Agreement at any time and for any reason, with or without cause.
Expert:  LegalKnowledge replied 3 years ago.
Thank you for the additional information. Based upon what you stated/wrote above, it would not be binding and either party could terminate it at any time. However, there is language which you stated above, that leads me to believe that there could possible be a non-competition clause stated within the agreement, preventing you from working for a competitor, who is in close proximity to the current dental office. If you do not want to work for this company, it appears that you can terminate and end the agreement, upon proper notice. You want to read the "intent to terminate" provision which is mentioned above, to see if there is anything you must do or can not do and also read the agreement to see if anything is stated about working for a competitor. If so, they may try and prevent you from doing so. In an ideal situation, you would be able to walk away and work for whoever you want but you just need to make sure if you do not work for them, they do not try and prevent you from working for someone else.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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