Non-Compete

[Fodie]

I accidently closed the previous thread. I still need an answer to this dilema.

I am in Tennesse and have been recently working as a subcontractor. I am a certified massage therapist. The place I am working assigns clients to me and takes 40%. They are asking me to sign a non compete for 5 years within 10 miles. They have not contributed to my training and I am paying advertising costs in addition to the 40% given to them. Is the non-compete enforcable?
__________________
FBaker

 

[loku]

Non compete clause

A non-compete agreement is enforceable if its terms are reasonable in the circumstances. Basically that means if the time and space limitations are advantageous to the business rather then a penalty, they will usually be reasonable. If this were to go to court and there was a jury, the jury would be asked to decide if the space limitation of 10 miles is reasonable to protect the business. They would probably say it was reasonable. When asked if 5 years is a reasonable time restriction, I think the case would not be so clear. My guess is that that is an unreasonable time restriction in the circumstance.