Q: Is non-compete likely enforceable?
I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The company did not act in good faith in other ways, as well. If I were to purchase a practice within the 10 mile radius (say more than 5 miles) less than 2 years later, would their non-compete likely be enforceable?
A: You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try to negotiate a compromise that allows you to buy the practice in return for dropping your contract claims.
C.Doris Okafor Dike agrees with this answer
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