Covenants not to compete: Recent changes in the law
By Sherry A. Mundorff
Women and the Law,
October 2012
In determining whether a covenant not to compete clause is valid the courts will look to a three-prong test. First, the limitation on the employee must be necessary to protect the legitimate interest of the practice. Second, the limitation would not impose a hardship on the practitioner signing the contract. Third, the scope of the limitation is reasonable.
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