QUESTION

I need help understanding a non compete clause

Asked on Dec 31st, 2015 on Employment Contracts - Connecticut
More details to this question:
I have a question about a non compete clause in an employment contract. I don't understand if they are saying that I cannot work within a 50 mile radius of the clinic where I personally delivered services for a 2 year period or within a 50 mile radius of ANY clinic the company operates in the country regardless if I have ever served there or not. The language in the contract confuses me. It says: Clinician will not, other than within the scope of clinicians employment with the company, engage in any business at any location within a 50 mile radius of anything so the operated, managed or staffed by the company at which clinician performed services during clinician's employment with the company. They have offices all OVER the country so if it is truly a 50 mile radius of ANY of their facilities, I'd never be able to find another job for 2 full years. If it is a 50 mile radius of the actual clinic sites I worked at, that makes sense.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I think it means that you won't work anywhere that is within 50 miles of any clinic your current employer operates, and I think that it is therefore overbroad and unenforceable as written (also for the reason that the language you quoted doesn't specify that you can't engage in any competing business, but any business at all; literally read, this would prevent you from operating a McDonalds).
Answered on Jan 05th, 2016 at 11:17 AM

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