How enforceable is a non-compete agreement for chiropractors?

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How enforceable is a non-compete agreement for chiropractors?

Can the agreement affect my wife if she works in the same industry but in another location?

Asked on March 27, 2012 under Employment Labor Law, Texas


Bradley Miller / Miller Law LLC

Answered 11 years ago | Contributor

How enforceable a non-compete is for you will depend on the language of the agreement. Generally, in Ohio non-competes must be reasonable to be enforceable. The two main components of that are geography and time.

The geographic reach of the prohibition is important - the smaller the area, the more likely it is to be reasonable. That doesn't mean that a very broad geographic limitation won't be enforceable. For instance, depending on the circumstances, it might be ok to have a nationwide restriction. However, normally the smaller the area the better.

The other key component is the length of time of the limitation. Shorter timeframes are more likely to be enforceable. But again, that is just a guideline. A 5-year limitation might be perfectly reasonable in some cases, while in others even 2 years is too long. The reasonableness will depend on the circumstances.

And even if parts of the non-compete are not reasonable, a court may still "adjust" the terms so that the non-compete IS resaonable and therefore enforceable.

In short, the only way to know whether a non-compete might be enforceable, and to what extent, is to have an attorney look over its terms and discuss the situation with you to determine the reasonableness of the limitation.

Normally a non-compete will only affect the parties who sign it. If your wife didn't sign the agreement, then she probably wouldn't be limited by it. However, you will want to talk to an attorney to verify this for your situation.

I hope that helps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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