Question: Please read through the information below and then analyze the contract language based on the information and instructions. You may omit spelling/grammar suggestions; focus only
Please read through the information below and then analyze the contract language based on the information and instructions. You may omit spelling/grammar suggestions; focus only on the substance of the provisions.
Fact Pattern: You are an HR administrator for a medical spa in Chicago. The spa has two locationsone downtown Chicago and one to the north in Evanston. You are reviewing a proposed employment contract between the Company and a new prospective Nurse Practitioner who will be directly providing aesthetic medical services to clients (such as semi-invasive laser work, Botox, and other treatments that require medical training). Your boss wants to ensure that this Nurse Practitioner cannot go to a competitor to do the same type of work in the event that the Practitioners employment terminates. The following is a part of the proposed Employment Contract that your boss provided to you for review. Discuss the likelihood of the paragraphs enforceability; if appropriate, suggest language that may increase the likelihood of enforceability.
Contract language:
The Employee agrees that for a period of 8 years following the termination of Employees employment with the Company, the Employee will not perform, within a 100-mile radius of the Company, medical services similar to or related to those performed by the Employee during Employees employment within a 100-mile radius of the Company. This paragraph shall be binding and fully enforceable regardless of the basis of termination of employment, and regardless of which party initiates termination.
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