San Antonio, TX asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas

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?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Estate Planning Lawyer
  • Tallahassee, FL

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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