Q: Does my non-compete and non-solicitation clause still apply if I am still employed and opening my own private practice?
I am a therapist with a non compete and non solicitation clause. I want to open my own private practice while still employed under contract with a non-compete/non-solicitation clause. These clauses say "Following the termination of employment, Clinician agrees for a x year period to refrain from directly or indirectly soliciting or calling upon Clients of Practice," and "Upon termination of employment, Clinician agrees that all Clients are Clients of Practice". Does this language imply that if I remain employed, I would not be held to this clause?
A:
A MIchigan attorney could advice best, but your question remains open for three weeks. It would be best to discuss this with an employment law attorney in Michigan, who would have insight into non-competes and state laws that govern them.
However, as a general observation of the way a legal document was drafted from the standpoint of contract law (your other chosen category), I don't believe your interpretation (although a valid one) is what your employer had in mind.
What they probably had in mind was the prevention of competition. It's possible that the agreement was not drafted carefully, and did not take into account the possibility of outside work while STILL employed. Again, see what an employment law attorney says - this is their territory. Good luck
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