How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

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: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 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 11 months ago.
Is there any other info you need?
Expert:  Patrick, Esq. replied 11 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....