Skip to main content

Non compete agreement, if I sign does it mean that I can't work for another home health agency or senior residence?

Kansas City, KS |

It states that: Following the termination of employment with the Employer for any reason , employee agrees not to engage in directly or indirectly in any business substantially similar to or in competition with the business of the employer, for a period of one year and within a fifty mile radius of nearest office location. For the purpose of this agreement engaging in substantially similar to shall mean: (i) engaging in a business as an owner, partner or agent; (i) taking employment with a third party engaged in such business either as an employee, contractor or consultant; or (iii) soliciting customers for the benefit of either the employee or a third party engaged in such business.

Attorney Answers 1

Posted

Non compete agreements vary from state to state and are generally not favored by courts. Although in many states (such as Kansas), they can be enforceable. In order to fully appreciate the extent of your particular non-compete, you should discuss this with an employment lawyer licensed in Kansas.

Generally speaking however, in states where employment agreements are enforceable, they have to be reasonable in duration and scope and must be a protectable interest of the employer. Simply put, most courts recognize that a business cannot prevent an employee from working in his or her chosen field - simply because they came to work for this particular employer. If that were the case, then you would be forced to move every time you changed jobs.

However, they may be able to keep you from engaging in certain business. For example - a RN in a stand alone dialysis clinic may be reasonably prohibited from working in another stand alone dialysis clinic, but not from working as an RN for another medical practice. This gets vague when the RN goes to work for a hospital in the dialysis department.

Anyhow, your local lawyer would be able to sit down with you and help you understand the strength of your own non-compete in light of your community and job description.

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

Mark as helpful

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics