No compete clause in ultrasound
I currently work for a mobile ultrasound company that provides services in the Youngstown, Warren, Akron/Canton areas as well as some of the other surrounding areas. I have been offered a job at another mobile ultrasound company that just began services in the area. I signed a no compete agreement that states I cannot "directly or indirectly engage in a mobile diagnostic business in an attempt to become an owner, consultant, independent contractor, agent, officer, partner, director or otherwise, alone or in association with any other person, corporation or other entity, in the same or similar business or product line or service provided by company within the United States or any other country where the company markets its services or otherwise does business." Does this prevent me from working as an employee for another ultrasound company or just from starting a company of my own and soliciting their business? The pay difference was substantial and would benefit my family greatly. Thanks.
1 answer | asked Feb 28, 2008 8:10 PM [EST] | applies to Ohio
Answers (1)
Dear Wills-Carcione:
Non-compete agreements are the "hobgoblins of little minds". They are drafted purely for the benefit of the employer. The employee has little choice but to sign it as is or not get a job. Now, having jumped off of my soapbox I will attempt to answer.
The courts in Ohio have upheld non-compete agreements because they believe that the employee has agreed to its terms at "arms length" which essentially means "you knew what you were getting into when you signed it, so why are you bitching now"?
One saving grace is that the terms must be "reasonable". Unfortunately, there is no menu for what is "reasonable". Each jursidiction has its own opinion.
In your question you do not state the restricted time period. This term could be crucial. Also, I see where the non-compete has as its geographic limits the entire United States. On its face this sounds unreasonable, however, it must be analyzed within context of the competition your current company has. In other words, does your current company do business over the entire country?
There are other issues which must be entertained but are outside the scope of this simple answer.
I recommend you engage a competent employment lawyer to read the agreement you signed and analyze your risk if you move to the competitor.
Good luck!
posted by Neil Rubin | Feb 29, 2008 08:04 AM [EST]
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