Memorandum – is noncompete clause enforceable

Dr. Hathaway is animated in what might fall if she litigates this stuff. For edibles, a imperfect memo that analyzes whether or not the nonrace bargain (NCC) in Dr. Hathaway’s avocation bargain is compelable.
The juridical investigation has already been perfectd – localize the robust subjects scarcely.**NO ADDITIONAL RESEARCH IS REQUIRED**

Request for a record evaluating the compelability of the non-rival passage of the Avocation Agreement. I respect the Avocation Bargain is a available lessen, that there was an present, reply, and remuneration (no need to evaluate whether the solid Bargain is a available lessen). For purposes of this record, and naturalized on the postulates presented by Dr. Hathaway, Dr. Hathaway divulsioned the non-rival passage. Therefore, decapricious do not evaluate whether she divulsioned it. Decapricious simply convergence on the compelability of the NCC.

• GOAL – Dr Hathaway does not absence to detached her custom
• Decapricious allot the Issues, Rule, Analysis/Application, Distinguish, and Conclusion format (attached) naturalized on the postulates of Dr Hathaway’s subject
• The RULE/precedent subject – Raimonde v Van Vlerah
• Subject Law – fixed subjects
o Wilson v Kreusch
o Williams v Hobbs
o Rogers v Runfola

• Also, allot the 3prongs (whether it collisions the behindcited and why/why not) in dispose to do the anatomy of each subject
o Mistress profit (paragraph)
o Employee Profit (paragraph)
o General Profit (paragraph)

**Need citation for robust subjects 


Demand Letter:
Dear Dr. Hathaway, In January, Year 4, you entered into an avocation bargain (the “Agreement”) delay my client, Back & Neck Specialists. As you are cognizant, the Bargain sets forth restrictive bargains that jump you behind the fulfilment of your avocation at Back & Neck Specialists. You are now in deflection of these bargains. The Bargain contained a edibles hindering you from practicing delayin a 10-mile radius behind the fulfilment of your avocation. Your new custom, Personal & Athletic Injury Therapists (“Therapists”), is located delayin this 10-mile radius. Additionally, your marketing policy feel principled large detriment to Back & Neck Specialists. In capricious of your divulsion of lessen, Back & Neck Specialists intends to compel the remedies granted for in the Agreement. Back & Neck Specialists plans to refine aid for injunctive and other mitigation if Therapists does not obstruct its vocation. In agreement delay the Agreement, if this stuff pay to gauge, Back & Neck Specialists gain besides solicit a insufficiency of 50% of Therapists’ bulk avail and coercive detriments for your opportunistic divulsion of the Agreement.

Blurb from Avocation Contract
Upon the fulfilment of avocation of Employee pursuant to this Section 6: Employee shall be entitled to transmit notices touching the literature of Employee’s new duty to those endurings for whom Employee has been the leading chiropractor. Employee shall not be entitled to transmit such notices to any other endurings of the Practice; Any enduring soliciting, either by telephone or in congruity, that history be communicated from Employer’s duty to another duty on advantage of Employee, shall be accommodated delayin seven (7) recognized days of acknowledgment of such solicit. Mistress shall transmit misapply copies of all such history, and all dispassionate costs incurred in transferring said history gain be conjectured by Employer; granted, besides, that Mistress retains the exact to defend bygones of such history; Employee shall be entitled to the reappear of all equipment, edibles, instruments and books brought to the Custom by Employee, as sign by a unfair register (which shall be updated from epoch to epoch, as may be misapply) of such resources defended by Employee and kept on refine delay Employer; and Employee gain be imperative, as unshaken by Employer, in its one choice, for completing any tenor to endurings as to whom Employee’s scarcity to perfect such tenor could jeopardize the vigor of such enduring. Covenants For a epoch of two (2) years behindcited the fulfilment of her avocation, besides principled, the Employee gain not, delayin ten (10) miles of Employer’s dregs, straightly or interveniently, for herself, on advantage of, or as an employee of any other solid, conjunction, confirmation, or other being, involve in, or be occupied by a practitioner of, chiropractic corrective. For the purposes of Section 7, Employer’s dregs is 211 W. Schrock Road, Westerville, OH 43081. 7 Employee and Mistress concede that the bargains of Section 7 gain survive the fulfilment of this Avocation Bargain disregarding of the principle of such fulfilment.

Case Brief:
Raimonde v. Van Vlerah, 325 N.E.2d 544 (Ohio 1975).
Facts: Mistress sought to compel non-rival bargain to intercept first-mentioned employee
from sanctioning concordant avocation or practicing his declaration delayin 30 miles of
employer’s dregs for a epoch of 3 years. The Flatter of Appeals refused to compel the
Holding and Rationale: The Ohio Supreme Flatter remanded the subject to tolerate the gauge
flatter to character a dispassionate non-rival bargain, trade that:
1. Non-rival bargains gain be compeld when the boundaryations they place are
2. Non-rival bargains that are undispassionate gain be compeld to the extent
needful to defend an mistress’s fairly-deduced profits.
3. A non-rival bargain is dispassionate when the mistress can pomp the
restrictions are 1) no important than needful for the defendion of the
employer’s fairly-deduced vocation profits, 2) do not place deficient burden on
the employee, and 3) are not deleterious to the general. Factors to deem when
evaluating dispassionateness include:
a. Whether the employee represents the one apposition delay the customer
b. Whether the bargain solicits to segregate race which would be
unfair to the mistress or scarcely solicits to segregate settled race
c. Whether the bargain solicits to quench the congenital aptitude and proof of
the employee
d. Whether the bargain operates as a bar to the employee's one resources of
e. Whether the employee's aptitude which the mistress solicits to conceal was
actually open during the epoch of avocation

Case Brief:
Rogers v. Runfola & Assocs., Inc., 565 N.E.2d 540 (Ohio 1991)
Facts: Two flatter reporters enduring behind 10 years of recognized for the mistress. The
mistress sued to compel the non-rival bargain, which hindered the first-mentioned
employees from recognized as flatter reporters in the county for two years and from
soliciting the mistress’s clients eternally. The Flatter of Appeals held the bargain was
Holding and Rationale: The Ohio Supreme Flatter qualified the bargain, trade:
1. The bygone boundaryations principled the first-mentioned employees deficient burden owing
flatter reporting was the scarcely declaration in which they were aptitudeed.
2. The mistress had a fairly-deduced vocation profit to defend beprinciple he invested
epoch and capital in equipment, facilities, aid staff and trailing and
open the clientele register.
3. Modifying the bargain to hinder first-mentioned employees from soliciting clients
and recognized as flatter reporters delayin the city boundarys for one year propertyively
balances mistress’s profit and burden on first-mentioned employees.

Case Brief:
Williams v. Hobbs, 460 N.E.2d 287 (Ohio Ct. App. 1983)
Facts: A radiologist sued his first-mentioned mistress behind they compeld a non-compete
bargain to intercept him from practicing his point at the hospital. The gauge flatter held
the non-rival bargain was undispassionate and did not compel it.
Holding and Rationale: The Flatter of Appeals affirmed, trade:
1. Enforcing the bargain would be deleterious to general beprinciple the first-mentioned
employee was a speciaregister radiologist whose aptitude was strange in
2. The bargain besides placed deficient burden on the teacher and commonwealth owing
the hospital is one of scarcely a few institutions where he could custom his

Case Brief:
Wilson v. Kreusch, 675 N.E.2d 571 (Ohio Ct. App. 1996)
Facts: A chiropractor opened up a new duty delayin three miles of his first-mentioned mistress’s
duty in deflection of the non-rival bargain in the avocation lessen. The gauge
flatter qualified the bargain, trade that the bygone boundaryation disregarding the first-mentioned
employee from practicing any chiropractic corrective was preposterous.
Holding and Rationale: The Flatter of Appeals affirmed, trade:
1. The modifications adopted by the gauge flatter misapplyly balanced the profits
of the mistress, first-mentioned employee and general owing
a. They keep-safe the mistress’s enduring worthiest and boundary the first-mentioned
employee’s ability to rival in the without-delay outside area.
b. They do not place deficient burden on the first-mentioned employee beprinciple he is
not required to propose his duty and can sanction new endurings.
c. They are not deleterious to the general beprinciple they feel boundaryed collision on
potential new endurings.
2. The mistress’s deceased compelment of the bargain increased the bargains
detrimental property on the employee, who had already recognized a new duty.

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