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I have a non compete agreement, should I start my business?

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craigmoening

Junior Member
Arizona

I will address my concerns in bullet points to summarize. This is a situation of a non compete contract.

1. I am currently working for an employer, Based out of Florida we do mobile medical screenings such as EKG's and Ultrasounds from an RV. We cover the entire vicinity of of Maricopa county, yuma and tucson.
2. My current employer provides Ultrasounds and other tests to clients who schedule appointments from a newspaper ad. We do offer blood tests, yet they are rarely given due to lack of advertising these tests. It is considered an "optional screening."
3. I am an Emergency Medical Technician who is a full time business student. I plan on incorporating a business focusing on cardiac health through Cholesterol Screenings and other blood tests. I feel there is a market available which my current employer is not taking advantage of.
4. My problem is a non compete agreement I signed after i was hired. I was not given any form of compensation, nor are employees required to sign them. The agreement states a 2 year non compete clause in any state or county where MY EMPLOYER has a franchise, conducts business, or had a patient. Which unfortunately includes EVERY state. My concern is my current employer finding out about my small business after I start it and attempting to hold me liable for damages. Attached is the non compete form I signed.
5. I will not be competing directly with them. I will be conducting business inside of facilities such as Fitness centers, churches, retirement centers etc. I will market differently, produce test results on site in comparison to my current employer sending them off. The machines I use will be the same, because only one company manufactures them.

I need to know if I should take my chances?

I can also send you the Non Competition Agreement form by email if you need it to review

Thank you Craig Moening
 



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