My contract from my previous employer states that I cannot work for a new employer within
Five miles and one year. I am a Veternian applying for a job less than five miles from
My previous employer. (Its about 3 1/2 miles)About 2 months times has passed.

I don't know what a Veternian is. Do you mean veterinarian?

In some States this is illegal. In other States the contract is binding IF it is not unreasonable. For example, a contract keeping you from working within a 100 mile radius for a year would be unreasonable.

What State?

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Originally Posted by maywood

My contract from my previous employer states that I cannot work for a new employer within five miles and one year. I am a Veternian applying for a job less than five miles from my previous employer. (Its about 3 1/2 miles)About 2 months times has passed.

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Hello may:

Judy is right, and your contract sounds reasonable.

excon

In a previous post I asked if was legal for an employer to restrict a person from working within 5 miles and one year of a new employer. I am posting this for my daughter who is a Veterinarian. The State she lives in could be an issue. She is currently living in Illinois. Should she consult a lawyer or contact her previous employer.

First, you lose credibility when you post a question for yourself and then change it to "my daughter." (My first clue was the misspelling of your daughter's profession.)

She should ask her employer for permission to take the "new" job. If that fails (and it might), then she needs to consult an Attorney. The Attorney will research AND write a letter to the employer.

(I have asked that your two posts be combined.)

maywood does not find this helpful : I posted this request for my daughter without her knowledge.In my haste I spelled Veterinarian incorrectly. She is applying for a new job in the State of Illinois. I will pass the information to her. Thanks, Martin

Please read the rules of the site - the "disagree/helpful/not helpful" box is to be used ONLY if the advice given is incorrect. My advice was 100% spot on.

You lost a lot of credibility when you posted "I" and misspelled the profession and then changed it to "my daughter." Why not just post the truth from the very start instead of wasting people's time?

Hello m:

If she asks the guy who already told her that she CAN'T work within 5 miles, what do you think he's going to say?? If she wants the job, and is willing to get sued, then she should take it. If not, then she should look outside the 5 mile limit.

The only consideration is whether your state allows a non compete contract... But, I don't see why it wouldn't. Again, I wouldn't spend the money on a lawyer, unless I took the job, and unless I was sued.

The agreement is pretty straightforward... She either believes it, or she doesn't.

excon

What she wants to do is break the legal agreement she had with her pervious work

So unless they give permission she can not do it without being in default of that agreement.

So what was the penalty in the agreement letter if she does, is there a penalty she is to pay, Is the new place willing to pay that penalty

And while an attorney is good,and will never tell you to get one but, what will they do until you take the job, write a letter to the old firm and say yes you can.

What has to happen, you have to take the job, and the other work place will use you for what ever penalty they are allowed to in the contract, THEN is when you get your attorney to fight them in court.

*** of course the penalty may be less than the cost of the attorney in court.

My understanding is this language is common in jobs where you might take clients away from the old office and bring them to your new job. Your daughter can take that job and see if her old boss can prove there are damages to him. If she does not "steal" a client damages would be hard to prove in court if the boss sues