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The court may find a non-compete agreement invalid because of ?oppressive restrictions? or if bad faith was involved in its execution. If the court finds the non-compete agreement was seriously unfair, the court will not enforce it.
In considering whether to enforce non-compete agreements, courts generally recognize three ?protectable interests? that an employer may demonstrate to justify enforcement: (1) confidential information; (2) investment in specialized training provided to the employee; and (3) customer or client relationships.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
(c) [Employee name] agrees not to set up in business as a direct competitor of [company name] within a radius of [number] miles of [company name and location] for a period of [number and measure of time (e.g., ?four months? or ?10 years?)] following the expiration or termination of this agreement.
Examples of Physician Non-Competition Clauses Prohibited from working within their specialty for 1 year within 10 miles from their primary practice location. Prohibited from providing care within any board-certified areas of medicine for 2 years within 10 miles from any location of the employer.