Legal Question in Business Law in New Hampshire
Non-Competition agreement
If I work within a vitamin company bringing my own business as a nutritionist councelor to this company, and I have to pay the owner a fee for each client that I counsel within the walls of this company(and also never receive a paycheck or money or any type of payment from the owner...only I pay him rent per say), If I signed a non compete agreement that said that I cannot compete with this establishment for 2 years after terminating my business from their establishment whether it be because I leave on my own accord or that they make me leave, and that whatever 'yearly' amount of money that this establishment collected from me in years past as rent or 'fee' per client, shall be continued to be paid to them for a period of 2 years after my departure should I work within a 25 mile radius of this establishment in the capacity of a nutritional counselor, (which is my living) I am also (under this contract) not allowed to work in my capacity for any other business within a 25 mile radius of this establishment in addition to not being able to start up my own b usiness. My question is...would something like this hold up in court should I decide to counsel a few clients under my own roof in my own home within the 25 mile radius
1 Answer from Attorneys
Re: Non-Competition agreement
This is a bit too complicated to address in a public forum, as additional information would be useful but not a good idea to post publicly.
In general, noncompetition agreements are narrowly construed. Agreements must be reasonable in geographic area and period of time covered. There must be a protectible interest of the business seeking to enforce the agreement.
It also costs money to enforce them, or to defend against enforcement. All of the above enter into the picture when considering what to do. It would really be necessary to review any actual agreements, and additional facts, before determining the likely outcome.
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