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Recent Non Competition questions

My daughter is a physician in a larger South Carolina city.

My daughter is a physician in a larger South Carolina city. The clinic she works for has numerous locations scattered around the area. She only works in two of them. If she leaves to work in another practice, she is concerned about the restriction that may apply around the other locations where she has not worked.Excerpt: Non Compete Covenant: During the time of this agreement and for a two year period ("Restricted Period") immediately following the expiration or termination of this agreement, regardless of who initiated such termination, Employee shall neither for herself or for any other person, firm, partnership, company, or corporation, provide the services of physician ("Restricted Services"), directly or indirectly, within a five mile radius of any office at which Employer provided the Restricted Services (during anytime during the one year period prior to termination of this agreement ("Restricted Territory"). It is understood and agreed that employees breach of {this section} shall cause the Employer irreparable harm.

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John

Attorney

Doctoral Degree

8,610 satisfied customers
I live in California and my employer has terminated my

I live in California and my employer has terminated my employment a few days ago and currently asking me to sign a severance/release agreement that includes a non-compete. I wanted to know if non-compete doesn't hold in California as I read that online. Also, I am starting a consultancy firm that might take on clients outside the state so if this theory holds that non-compete are void in California, does this also apply on any client I take on nationwide or even globally as long as I live in California? The severance/release agreement does state that the governing law of it is indeed California. Thanks!

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Patrick, Esq.

Doctoral Degree

19,326 satisfied customers
My question is concerning a non compete agreement that I

My question is concerning a non compete agreement that I signed upon employment start. The company is a specialty healthcare (infertility) and I am looking to accept employment from a local trauma hospital. Many services offered but are not a specialty in infertility. The non compete agreement would only be considered if I were looking to move to a competitor, correct? In the field of infertility? I can seek employment in other types of healthcare, correct? All of my college degrees are in healthcare and I worry this limits my ability to make a living. In State of Nevada. I am in accounting and would be moving to a similar role in finance.Thank you!!!

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Loren

Juris Doctor

41,172 satisfied customers
I was terminated by my employer without cause (company going

I was terminated by my employer without cause (company going in a different direction) in Nevada. I have a non-compete for 2 years. Can they enforce it?

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John

Attorney

Doctoral Degree

8,610 satisfied customers
I recently resigned my job because they put me on a

I recently resigned my job because they put me on a questionable "PIP" program. I was offered a job by a competitor that I worked for previously for 12 years. I accepted the offer, knowing I would be out of work in early December, and my other company that is a multi million dollar firm out of Quebec, Canada is enforcing the non-compete and saying I need to rescind the offer! That would leave this single mother of two out of work in the state of Oregon. What do I do? Thanks JeanneJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in Corvallis, Oregon.JA: Is the employment agreement "at will," union, full time or part time?Customer: Oregon is an At Will state but I don't know about the company.JA: Anything else you want the lawyer to know before I connect you?Customer: I just don't know what to do or if I have any recourse. I need a job and don't understand why they would do this if they were not happy with my performance. I will not be calling on any of the same customers in the territory either.

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John

Attorney

Doctoral Degree

8,610 satisfied customers
Thank you. I have a non compete agreement with a former

thank you. I have a non compete agreement with a former employer. I was let go because of a position elimination. How likely is it that I am bound to it in this situation?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MissouriJA: Is the employment agreement "at will," union, full time or part time?Customer: at will and full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Other employees have left for competitors and have not been prosecuted. Does this undermine their ability to enforce it with me?

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Marsha411JD

Doctoral Degree

19,488 satisfied customers
My wife is a recruiter and sales person (full desk) for a

My wife is a recruiter and sales person (full desk) for a new office for a multi-state company in our town in north carolina. The office is horribly run and is on its 5th manager in less than 2 years. They don't take care of their employees and benefits are sub-par so people are unmotivated to work and/or quit within a year. My wife is not a quitter and sadly she is the now the most senior person there after 2 years. She loves what she does and is really good at bringing in new clients. However, with the high turnover, lack of experienced and motivated workers, all of her efforts are in vane. she can't find clients and fill all the job orders she brings in herself so her pay is probably only 1/3rd or less of her potential. She has been thinking about going out on her own, but she signed a non-compete agreement. My question is how strong / valid is the non-compete in NC? Is there a way around it since this is her livelihood? She would love to take her clients with her and not have to start all over, but she is fearful of litigation. Any advice or thoughts are welcome.

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Ray

Lawyer

Doctoral Degree

40,192 satisfied customers
My daughter worked in a finance company. Her daughter broke

My daughter worked in a finance company. Her daughter broke a leg and she had to be out 3 weeks with her child. While she was out they put all her things in a box and one of her co workers told her they were not going to let her come back. She found another job and worked 2 weeks. The other one said she signed a non compete form when she was hired. It says she can't work for any other finance company in the county for 2 years. Is this a legal form and can she get out of it.

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ScottyMacEsq

Doctoral Degree

24,022 satisfied customers
I have a non compete and due to several incidents with the

I have a non compete and due to several incidents with the owner I need to quit bUT would like to continue doing what I do. I am not getting what was promised me so is there any rights for me?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,012 satisfied customers
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