Are restrictive covenants enforceable two years after the expiration of contract?

I am a dental associate without any stake in profit sharing or ownership within the practice. My most recent employment contract included a restrictive covenant to not compete within a ten mile radius. There were no terms regarding the duration of the clause. The contract expired two and a half years ago but I have continued to work at this office at-will since. With partnership talks deteriorating, I am looking to start a solo practice in the same town. Can a long expired restrictive covenant be enforced? Thank you for your advice.

1 answer  |  asked Feb 5, 2011 09:03 AM [EST]  |  applies to Connecticut

Answers (1)

Daniel H. Schneider
To give an opinion regarding whether you can get out of the restrictive covenant, I would need to review it and probably interview you. Generally a court in determining whether to enforce such a provision will look at whether it is reasonable as to the type of employment, geographic restriction, and time restriction.

Also, you seem to indicate that the contract that it was a part of has expired. Depending upon the contract's language, this also making the covenant not enforceable as to you.

Please feel free to contact me so that we can discuss your situation in more detail.

My telephone number is (203) 874-0030. My e-mail address is: I do not charge for initial consultations, but I would have to charge to fully evaluate the covenant and render a definitive opinion regarding its enforceability; or to enter into negotiations with your employer concerning the covenant.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
Milford, CT
Telephone: (203) 929-0030.

posted by Daniel H. Schneider  |  Feb 5, 2011 1:55 PM [EST]

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