What is the name of your state? West Virginia
10 months ago I signed a one-year contract to work with another doctor. I signed a non-compete clause that states that upon completion or termination of my contract, I cannot open an office within 15 miles for 3 years after the termination of my contract. The contract also states that the employer can terminate the contract with 30 days notice. The non-compete clause does not specify any dollar amount for damages. What I put above is the extent of the clause. No office within a 15 mile radius for 3 years. Period.
Okay, fast forward to 2 months ago....I was approached by the employing doctor about working in a branch clinic of the main clinic. Essentially, he wanted to open an office in another town, have me work in the branch office for 3 years, and then buy the branch office from him. The doctor told me that there was "no wrong answer", and that he just wanted to extend me the opportunity. I declined the offer and told the doctor that I just wanted to finish my contract and open my own office. He said that he was fine with that...no hard feelings.
About one week later, I was given my 30 day notice. The doctor told me the reason was b/c they wanted to hire another doctor in my place that would possibly work in a branch office for them. So...I was fired. This after being told repeatedly that my job was safe, no matter what the answer.
Several weeks after I was given my notice, I told the doctor that I was considering opening an office in a nearby town. I documented the conversation...he told me "I couldn't care less if you opened across the street. We aren't competitors. We are in this together."
I am now opening an office of my own. The problem is that the building is located 14.97 miles door to door from the office I worked in. I am worried that the doctor might try to sue me over the non-compete clause. I spoke w/ the doctor yesterday and told him where I am opening, and asked if he had a problem with it. He said "Well, it has to be far enough away to not violate the non compete clause....but I don't think that location would be a problem"
My questions are:
1) Did the employer void the contract by firing me for something that was not part of the contract (i.e. working in the "branch office" was never a stipulation in the contract)?
2) Is 15 miles considered door to door...or is a 15 mile radius actually taking out a map and drawing a 15 mile circumference from the office (which would be different than driving distance)
3) Would 14.97 miles really be considered 15 miles? Would a court nitpick over 0.03 miles?
4) Would the fact that I never actually negotiated the terms of a non-compete clause void that section of the contract?
5) I will not be soliciting the doctor's patients. In this sense, how would he prove financial damages against me? He has the most lucrative office in the region...I don't see how I would ever damage his income. Plus, he gets very few patients from the area that I will be working in.
I have a friend that is an attorney, but doesn't do contracts. She says that she thinks he contract is void due to my termination, and that I really don't have anything to worry about. Can someone help me with this?
10 months ago I signed a one-year contract to work with another doctor. I signed a non-compete clause that states that upon completion or termination of my contract, I cannot open an office within 15 miles for 3 years after the termination of my contract. The contract also states that the employer can terminate the contract with 30 days notice. The non-compete clause does not specify any dollar amount for damages. What I put above is the extent of the clause. No office within a 15 mile radius for 3 years. Period.
Okay, fast forward to 2 months ago....I was approached by the employing doctor about working in a branch clinic of the main clinic. Essentially, he wanted to open an office in another town, have me work in the branch office for 3 years, and then buy the branch office from him. The doctor told me that there was "no wrong answer", and that he just wanted to extend me the opportunity. I declined the offer and told the doctor that I just wanted to finish my contract and open my own office. He said that he was fine with that...no hard feelings.
About one week later, I was given my 30 day notice. The doctor told me the reason was b/c they wanted to hire another doctor in my place that would possibly work in a branch office for them. So...I was fired. This after being told repeatedly that my job was safe, no matter what the answer.
Several weeks after I was given my notice, I told the doctor that I was considering opening an office in a nearby town. I documented the conversation...he told me "I couldn't care less if you opened across the street. We aren't competitors. We are in this together."
I am now opening an office of my own. The problem is that the building is located 14.97 miles door to door from the office I worked in. I am worried that the doctor might try to sue me over the non-compete clause. I spoke w/ the doctor yesterday and told him where I am opening, and asked if he had a problem with it. He said "Well, it has to be far enough away to not violate the non compete clause....but I don't think that location would be a problem"
My questions are:
1) Did the employer void the contract by firing me for something that was not part of the contract (i.e. working in the "branch office" was never a stipulation in the contract)?
2) Is 15 miles considered door to door...or is a 15 mile radius actually taking out a map and drawing a 15 mile circumference from the office (which would be different than driving distance)
3) Would 14.97 miles really be considered 15 miles? Would a court nitpick over 0.03 miles?
4) Would the fact that I never actually negotiated the terms of a non-compete clause void that section of the contract?
5) I will not be soliciting the doctor's patients. In this sense, how would he prove financial damages against me? He has the most lucrative office in the region...I don't see how I would ever damage his income. Plus, he gets very few patients from the area that I will be working in.
I have a friend that is an attorney, but doesn't do contracts. She says that she thinks he contract is void due to my termination, and that I really don't have anything to worry about. Can someone help me with this?
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