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Missouri - Employment Agreement and Non-compete question Missouri

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  • Missouri - Employment Agreement and Non-compete question Missouri

    I am a Chiropractor in Missouri and I currently work for another doc as her associate. I have been working here for 5 years. I am planning on making a career change and will be applying to nursing school next fall to pursue a RN and NP. Part of my employment contract has a non compete agreement that states "Professional shall not engage as an owner, manager or employee, of any chiropractic practice, within a radius of Fifteen (15) miles of the present business location at without the express written permission of Employer, at any time within Three (3) years immediately following the completion or termination of this agreement, and shall not for said three (3) years solicit patients or employees of the practice."

    A few main points: 1)my goal is to let my boss know and ideally transition out of the practice over the next few months and turn over all of my patients to her for continued treatments. 2) As I plan on going back to school, it is pointless for me to continue building a business, and therefore my boss's best interest not to continue to have me working there. 3)I would like the ability to do part time fill in work at other offices in the area, but I fear the 15 mile radius will prevent me opportunities.

    My main questions:***** 1) The last time we actually signed the employment contract was in January of 2015, which expired in January of 2016. Is the entirety of the contract still valid in court when it expired almost 2 years ago? 2) Could the non-compete be negotiated provided I was only doing part time work and not building a practice?
    thank you for any insight

  • #2
    Originally posted by awh79 View Post

    My main questions:***** 1) The last time we actually signed the employment contract was in January of 2015, which expired in January of 2016. Is the entirety of the contract still valid in court when it expired almost 2 years ago? 2) Could the non-compete be negotiated provided I was only doing part time work and not building a practice?
    thank you for any insight
    1) At best the clock on the non-compete started January 2016. Though it would surprise me if there wasn't something in there to automatically continue unless one of the parties wanted out of the contract.

    2) Anything can be negotiated. If it can be negotiated in your favor is the question you need to worry about and you know the other party and we don't.

    Comment


    • #3
      There is a legal definition of a reasonable time to enforce the non-compete clause. I would check with your state to see what it is.

      Comment

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