Can I apply for work as a LPN if I signed a non compete as a Community Relations Specialist

I signed a non compete after I took a job with a nationwide hospice provider as a CRS(sales manager)
Three months later I fear dismissal because I am unable to bring in enough referrals. My non compete states I cannot solicit patient or referral sources within 100 miles of any office for two years.
Does referral source mean anyone I ever marketed to or just those people they have clients with. Also can I look for work as a LPN with any of these people
The penalty is three years of my wages

1 answer  |  asked Feb 2, 2012 2:32 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
Although the language probably is not limited, I would think that working as an LPN would not violate this non-compete as a sales manager, unless you are required to find patients for the institution you will be working with. Even if the non-compete states a penalty of 3 years wages, the courts in Ohio only enforce a non-compete to the extent it protects the legitimate interests of the employer. I would do something simple, like send a short note to the prior employer telling them that you have changed occupations and will not be in sales in the future.

I recommend that you see an employment lawyer near you, you can select one at:

posted by Bruce Elfvin  |  Feb 3, 2012 11:54 AM [EST]

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