Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I am helping a friend start a business. He is a physical therapist

I am helping a friend...
I am helping a friend start a business. He is a physical therapist working for PT company. When he joined the company they shared with him that ownership would be part of the plan. They do not offer health insurance. Now they owners have shared with him that ownership would not be offered, ever. He is very skilled, has quite a following, so would like to start his own business as a result. He recently shared with me that he has a non compete clause. I do not have all the details, but one stipulation is a 30 mile radius. I live in the state of Iowa. First I'd like to understand how strong this clause can be given he feels they broke their trust by changing their mind about the ownership promise. I assume that was not in writing. Can this clause be broken? They are really impacting him now, promising ownership, and recently saying no. Also with the 30 mile radius, could his business address be outside of the 30 mile radius, but he sees patients within the 30 mile radius? Thank you
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
10/31/2013
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,086
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, in order to have a binding non-compete clause it must be in writing, just like their agreement to give him ownership in the company. If the non-compete is a written agreement, even if they broke their promise about ownership, then it can still be enforceable in Iowa as long as the interests the agreement protects are only those reasonable to protect the existing employer and as long as the geographic area is reasonable and time frame (not more than 2 years) is reasonable.

If he has a 30 mile radius clause, his office would have to be outside of that 30 mile radius to comply with the non-compete and if he is seeing patients within that 30 mile radius then he could be still sued for breach of the non-compete.

To break the non-compete, you have to prove that the time length or geographic scope is unreasonable or that the scope that is being protected is too broad to protect only the narrow scope the current employer needs protected. The other option is to negotiate a buyout of the non-compete, which would have to be in writing with the current employer to release him from that agreement.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,086
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,086
121,086 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

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

< Previous | Next >

Related Employment Law Questions
My son's school district removed him from school. Calif.
My son's school district removed him from school. Calif. State Dept. of Education required the school to complete 2 corrective actions by a certain date. The first corrective action was fulfilled I ye… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
Nebraska Furniture Mart Texas fired me January 11, 2018.
Nebraska Furniture Mart Texas fired me January 11, 2018. Nebraska held back my first two weeks pay. Now Nebraska refuses to pay me those two weeks saying that that money was filtered in during my empl… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was working with pricerite grocery for 2 month. Md.
I was working with pricerite grocery for 2 month JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: md JA: Is the employment agreement "at will," u… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a GA with a downline of 30 insurance agents recently I
I am a GA with a downline of 30 insurance agents recently I have been working with this group called my upline for 2 years recently they told me something that totally disturb me that I had to give th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I need to know if your a labor lawyer in NYS. I have a
I need to know if your a labor lawyer in NYS. I have a specific question regarding New York workman's compensation insurance requirements. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
What are the first steps in claiming an inheritance. I am
what are the first steps in claiming an inheritance … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers
I am a couple of days from a 180 day deadline. What is the
I am a couple of days from a 180 day deadline. What is the best way to proceed now? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
We are looking to terminate an am employee for suspected
We are looking to terminate an am employee for suspected theft and tardiness. She has ben in time only once since Dec 1st. She is also pregnant and will be delivering in 3 weeks. Can we terminate her?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
T Nguyen I have an issue at work about bullying and abuse of
My name is***** I have an issue at work about bullying and abuse of authority at workplace. … read more
Joycelaw
Joycelaw
Juris Doctorate (law degree)
1 satisfied customers
I am a non exempt employee and recently my supervisor told
I am a non exempt employee and recently my supervisor told me that going forward he would be posting work information such as schedule on group meet text messages. Any employee not participating end n… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to know if i have case, where the owner of the
I need to know if i have case , where the owner of the company continue to harass and talk down to me because i was the only female in the department. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
For over a year I was harrased by a Co-worker. He was fired
For over a year I was harrased by a Co-worker. He was fired but it took about a year before that happened. Now I am dealing anxiety and it's interfering with my work. Can I go out on disability to tak… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
I live in Canada and I cross the US border to work in NY, my
Hello I live in Canada and I cross the US border to work in NY, my employer in NY is harassing me because he thinks I have no lawful rights because I live in Canada. Would I have grounds to sue for na… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was recently let go from my job under the "we are
I was recently let go from my job under the "we are restructuring" and given and settlement and release form to sign. The settlement gives me 2 weeks in lue of notice and an additional 4 weeks if I si… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A coworker was called into the office after being told by
A coworker was called into the office after being told by our boss that she was "too old" to work anymore and "needed to retire". A week later the boss told her she was fired. Now she is telling the r… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I still have an ongoing issue with my emplyer's mandatory
I still have an ongoing issue with my emplyer's mandatory flu vaccine program. They continue to deny my flu vaccine exemption request after all the effort to present my self as an individual who does … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,966 satisfied customers
I increased my 401L and IRA but my employer never increased
I increased my 401L and IRA but my employer never increased it or corrected it. … read more
amir atashi rang
amir atashi rang
Principal
LL.M. (Taxation)
3 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x