Non-Competes: They Are Everywhere!

I try to get regular exercise, primarily running, biking, and lifting weights. My local athletic club is about 10 minutes from my office and 5 minutes from my house…so I really don’t have a good excuse not to work out!

During my last trip to my athletic club I ended up talking with a young college graduate who is working for the club as a personnel trainer. I was shocked to learn the trainer was required to sign a non-compete agreement before being employed by my club. The non-compete prevents the employee from working as a personal trainer within 50 miles of my city for a period of one year after leaving the current position.

I seriously doubt the agreement is enforceable. Why does an athletic club need to prevent a personal trainer from working in the surrounding area? Certainly not to protect a legitimate business interest. I can see if the club wants the employee to agree not to open a competing athletic club within 50 miles for one year…but not to limit their job opportunities in their chosen profession.

Caveat Number 1: Read the employment agreement before signing!

Caveat Number 2: Just because your employer tells you the employment agreement prevents you from working where you want doesn’t make it true!

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.