Employees and Non-Compete Clauses

[heybulldog]

deleted

 

[Rubix]

You can do it yourself and be legal.

A lawyer can ensure they are enforceable.

 

[Eric_Lindros2003]

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[MamaBas]

Keep in mind that non-comps. must be reasonable in order to be enforcable and even then, (not sure where you are) they are not legally enforcable in every state.
Wanting to keep your client information confidential should be a reasonable request, but I seriously doubt that you would be able to enforce the 6 month waiting period and especially not the "no you can't set up shop next door" clause.
IMO, if clients decide that they like a particular therapist and decide to follow them when/if they leave that is out of your hands. However, I do agree that it is unethical for MTs to "poach" client info.

 

[hermafrodite]

Check your pm's

 

[old cat lady]

but I seriously doubt that you would be able to enforce the 6 month waiting period and especially not the "no you can't set up shop next door" clause.

That is very enforceable. Even our spa lease states that we can't open up a similar or competing business within 5 miles of our current location.

You just have to put a reasonable time frame on it - 6 months would seem so - even if it does cover the whole town. So they go work for someone else in town for 6 months and then this town with less than a 2 mile radius gets a third massage establishment!

 

[dull.doll]

What I want is pretty simple. Employees cannot store, keep track of, or transmit in any way client information for their own benefit. I dont want former employees contacting clients of mine for a period of 6 months, and if they do, they had better be doing it the hard way, not by using any information they have gathered from me. I also do not want someone opening up a clinic right next to me when they leave my employement. I would require something like a 10 or 15 block radius away from my clinic. This area isnt very large. If I started requesting a two mile radius, that would pretty much take up most of my city! And besides, I dont care if former employees start their own business or go work for someone else. I just dont want them to benefit from MY business or open up next door or across the street. I think that is very fair without being over bearing.

That sounds very reasonable.