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I am a licensed therapist in and signed a no compete

Customer Question
I am a licensed...

I am a licensed therapist in KY and signed a no compete contract with my employer back in May. Since then my house has flooded and my husband wants to move home to IN does a no compete contract follow you to a different state

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is an employment question not a real estate question. I live in KY want to move to IN

Lawyer's Assistant: Has anything been filed or reported?

I reported the flood. but still living and working in ky for the moment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Want to move to his home town want to know if I can get out of a no compete agreement at work if I move to a different state

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
8/1/2017
Lawyer: Michael Gonzalez,
 replied 8 months ago
Michael Gonzalez
Category: Legal
Satisfied Customers: 568
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I will respond to your question shortly.
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Lawyer: Michael Gonzalez,
 replied 8 months ago

Kentucky courts have determined that restrictive covenants are enforceable if the terms are reasonable and necessary to protect a legitimate business interest of the employer such as customer contacts or confidential information. Factors considered when determining reasonableness include the hardship an agreement puts on the former employee, its effect on the general public and the restrictions placed on time, territory and activity of the former employee.

Agreements may be deemed unenforceable if a court finds that they are unreasonable in terms of duration, geographic scope and the type of employment or line of business being restricted. If a court finds an agreement is unreasonable, it may modify the agreement so that it does not unduly infringe on the former employee’s ability to work.

Examples of non-compete agreements that Kentucky courts have found to be reasonable include:

  • A 1-year restriction against a former private security guard from working or hiring others to work at the site where he had provided security services within the one year preceding termination of employment. In this case the restriction only applied to one customer.
  • A 5-year, 50-mile restriction against a public accounting practice.
  • A 1-year, 200-mile radius restriction against an insurance adjuster from competing with his former employer in any territory he had serviced when his employment terminated.

The courts have found the following restrictive covenant unreasonable:

  • An oral agreement not to compete between a cleaning and laundry business and its delivery person because there were no limits as to time or territory.

Therefore, the geographical restriction may not apply. Even if the limit did apply, it may be unenforceable.

Nonetheless, as these factors indicate, the analysis of this issue is highly fact-intensive, and will vary case by case. There is no bright-line rule.

That said, it is recommended to consult a local attorney to protect your rights and interests.

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Lawyer: Michael Gonzalez,
 replied 8 months ago

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow-up questions, and you will not be charged any additional money for the follow-up questions. Rating me costs you nothing.

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Lawyer: Michael Gonzalez,
 replied 8 months ago

Hi,

Please know that I answered your question in good faith, providing youwith the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? I am not an employee of the site and am only paid when you rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. Please let me know if you were unhappy with my service and I will opt out for another Attorney to assist you.

Thanks in advance for your rating of my service. It is greatly appreciated.

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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).

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