Legal Question in Employment Law in Georgia
Non-compete contract
I am a Massage Therapist at a chiropractic office. I am about to purchase a business in the same field of practice. My contract states that I may not practice or aid in the practice of another business within 50 miles for one year. I know I need to have an attorney review the contract, BUT... when I told my employer about the new business, he agreed to let me stay and work under him, if I signed another agreement stating that whether voluntary or involuntarily terminated, I would ''buy-out'' my contract for $12,000.00. I am wondering if he can legally make me buy out a contract?
3 Answers from Attorneys
Re: Non-compete contract
He cannot make you sign a contract. However, if a contract you sign includes a "buy-out" provision, you may run the risk of being in breach of that agreement if you do not follow through. So, he can sort of make you if you agree to it in a contract. Of course, you don't have to the sign the agreement containing the requirement.
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Re: Non-compete contract
Contracts are voluntary. He cannot "make you" buy out your contract or sign a new one. You also cannot "make him" agree to let you out of your current contract or keep him from filing suit if you breach it. If you sign the new contract, YOU are agreeing to pay the $12,000.
Re: Non-compete contract
You should be very cautious about signing an agreement that obligates you to pay $12,000.00 in the event that you are involuntarily terminated.
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