When considering the enforceability of a non-compete agreement in New York, courts will review many factors. One such factor is how the clause affects the employee’s ability to earn a living. This applies to doctors just as it does to employees in other professions.
Recently, several Chicago doctors have engaged in a legal battle over the enforceability of such a provision. The physicians affected by the restrictions argue that the provision interferes with their ability to earn a living. In New York, the courts may consider the following to determine whether this is a legitimate argument:
- Does the enforceability of the provision make it unreasonably difficult for the doctors to support themselves?
- If the provision is enforced, will the doctors be unable to earn a living, or will they merely be unable to earn as much as they were previously earning?
- Does the scope of the provision only go so far as to protect the legitimate business interest of the employer, or is it overly broad in its limitations on the doctors’ ability to earn a living?
Since it is not always clear whether a court will enforce a restriction, doctors entering into a New York non-compete agreement should consider the consequences carefully before choosing to violate the covenant. An experienced New York non-compete agreement attorney can help assess the reasonableness of such provisions and the legal rights that may be available to both parties. For more information, call our office today at (888) 497-3410 for a free consultation.