Can my son open his own business?

My son traveled across the country and was emplayed as a PGA professional for about 8 months at an indoor golf teaching franchise. He had taught for many years previously and used similar equipment to that of the franchise in his teaching on the east coast. After being terminated, he is unemplayed with a two year non compet/ 50 miles of any of these franchises. The problem is, they are all over the country! He would not use their clients or software, etc. if he opened his own small teaching business our of his home....or even a small shop. Would this be possible? High tech indoor teaching is his job and now he can't pursue it....can a franchise do this?

1 answer  |  asked Sep 17, 2009 1:20 PM [EST]  |  applies to Arizona

Answers (1)

Kristen Prinz
It is impossible to give you a complete answer to your question without looking at your son's non-compete agreement. Not all non-compete agreements are valid. The terms must be reasonable in duration, scope and distance. Courts do not usually uphold non-compete agreements that completely prevent an individual from obtaining employment in his/her field of expertise, but there are no guarantees that your son's agreement would be viewed that way. He should have an attorney examine his agreement and advise him of his options.

posted by Kristen Prinz  |  Sep 18, 2009 11:59 AM [EST]

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