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non-compete/non-solicitation

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bgrant_12002

Guest
What is the name of your state? FLORIDA

I am a physician who entered a non-compete/non-solicitation agreement via contract 3 yrs ago with my employer. The agreement will dissolve on June 30th, 2005 per the written contract. I will work for them until June 30th, 2005. I am building a clinic about 1 mile away.
I have two questions:
1. Can I have a telephone number for the new clinic, in the phone book with an advertisement in the yellow pages that says "opening in July 2005" without breaching the contract's non compete/non solicitation clauses? The yearly yellow pages will be published in April 2005, and I dont want to be left out for a whole year.
2. Can I advertise in the local paper in April or May 2005 That the new clinic will open without breaching the contract? Or must I wait until after June 30th, 2005? The new clinic will not be in operation until after June 30th, 2005.
 


BelizeBreeze

Senior Member
Either form of advertising, especially if you have the phones switched on or someone to take incoming referrals or questions, could easily be considered solicitation and open you to liability.

Unless you don't want to have an expensive and lengthy legal fight on your hands, you may want to either sit down with your current employer and negotiate a settlement or forego the advertising.

The Yellow pages would have to wait. the newspaper advertising can be designed and contracted for release on July 1.
 

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