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hello everyone dr smith physical therapist here and today i'm covering the enforceability of non-competes for physical therapists on a state-by-state basis before i get into this please subscribe to the channel please hit the like button below share this video if you find it helpful and please comment as the video moves along now i will be going through each state in alphabetical order trying to put something related to each state on the screen behind me or on the screen somewhere i'm trying out the green screen today so hopefully it works out if not it will just stay green behind me do the technical difficulties so let's get right into it the first state is alabama and according to alabama statute eight one one nine 190197 non-competes are unenforceable for physical therapists so if you're in alabama and you sign a non-compete nobody can enforce it due to their statute the next state is alaska in alaska they are generally enforceable as long as they are reasonable next state is arizona in arizona they are also generally enforceable as long as they are not broader than necessary to protect a legitimate interest of the employer and are not unreasonably restrictive in both time and scope for the employee next state is arkansas in arkansas non-competes are unenforceable for medical professionals so if you're a physical therapist and you sign a non-compete in arkansas you are exempt from that non-compete in california non-competes are unenforceable for anybody including independent contractors in colorado they are limited in their enforceability what this means is if the employee has been employed less than two years all they can recover are those training expenses in colorado in connecticut they are permitted as long as they are reasonable they will not be enforced if the court rules them unreasonable court will look at how much it restricts the employee and how fairly it protects the employer and whether it is against public policy as a healthcare provider most of the time the court is going to look favorably upon you and not enforce these in delaware they are enforceable if they are reasonable with regard to time and geographic scope and if they protect a legitimate interest again the court will look at the hardship the restrictions pose on the employee versus the legitimate protection required to the employer in florida they are enforceable if they are reasonable with regard to time and geographic reach and if they protect a legitimate interest again that will be for the court to decide but they are enforceable as long as they fit that criteria in georgia non-competes are enforceable but they must be reasonable and not over broad the court will look at public policy and the way individual concerns of being free to earn versus commercial concerns of the business in hawaii they are generally enforceable unless you are a technology sector worker so as a physical therapist they will be enforceable as long as they are reasonable in their time geographic reach and scope restrictions in idaho they are enforceable only to key employees and key independent contractors which are defined as those employees or independent contractors who have gained a high level of inside knowledge influence credibility notoriety fame reputation or public persona as a representative or spokesperson of the employer and as a result have the ability to harm or threaten an employer's legitimate business interest idaho code 442701 2704 so if you're a physical therapist who hasn't done any of that then your non-compete is unenforceable in idaho in illinois they are enforceable again as long as they are reasonable in their time geographic reach and scope restrictions not pose to grit a hardship on the employee and not be against public policy in indiana they are enforceable as long as there are restrictions to time geographic reach and scope are both reasonable and specific the court will look at the legitimate interests that need to be protected versus the impact on the employee as well as the public interest in iowa non-competes are generally enforceable as long as the employer needs it to legitimately protect their business so if it's not legitimately protecting their business then it is not enforceable in kansas they are generally enforceable as long as the employer is protecting a legitimate business interest and the non-compete does not place a hardship on the employee as in other states the restrictions need to be reasonable as to time geographic reach and not against the public interest kentucky also allows non-competes to be enforced again as long as they are reasonable in their restrictions as to scope and purpose the non-compete does not place a hardship on the employee and the restrictions again are not against the public interest louisiana bans a lot of non-competes and non-competes are only enforceable if they don't last longer than two years and are very specific with regard to the geographic restrictions and it must be in strict compliance with louisiana statute two three nine two one if it is not it will not be enforced in maine if you're below the poverty level by 400 percent non-competes cannot be enforced as a physical therapist that's not going to be you so they can be enforced in maine but they must also be reasonable with regard to time geographic reach and interest to be protected and not place undue hardship on the employee in maryland non-competes are enforceable if you make over fifteen dollars per hour or over thirty one thousand dollars per year they are allowed as long as they go along with an employment relationship and restrictions on geographic reach and duration are no broader than necessary to protect the business interest of the employer they also must not place an undue hardship on the employee or be against public policy in massachusetts non-compete agreements are unenforceable among workers classified as non-exempt under the fair labor standards act which is workers paid on an hourly basis and non-supervisory salaried workers earning under the current salary threshold of twenty-two thousand dollars per year this will be similar to maine and maryland's rule of non-competes being unenforceable for low-income workers but because you're a physical therapist you're gonna be over this level and because of that they are enforceable as long as they are limited with respect to time geographic reach and scope in michigan non-competes are enforceable as long as they comply with michigan law 445 seven seven four and they can be enforceable as long as they are protecting a legitimate business interest are not longer than one year in time and are reasonable as to geographic reach type of employment and scope they also must not be harmful to the public so as a physical therapist you not being able to provide therapy services would be a harm to the public so do do that i believe that it would not be enforceable in michigan as a physical therapist in minnesota non-competes can be enforceable again if they protect an employer's legitimate business interest and are not broader than that they also must not place undue hardship on the employee same for mississippi exact same thing as minnesota and for missouri so minnesota and mississippi missouri the exact same of it being reasonably necessary to protect an employer's legitimate business interest and reasonable with respect to time and geographic reach restrictions the employee must not be unreasonably restrained in montana non-competes are only enforceable in situations related to the sale of a business or the dissolution of a partnership so if you're not being involved in the sale of a business and not being involved in the dissolution of a partnership then non-competes are not going to be applied to you even if you sign one it cannot be enforced in montana in nebraska they can be enforceable but they must not cause undue harsh or oppressive consequences on the employee for a non-compete to be enforceable in nevada according to nevada statute 613.195.200 non-competes must meet four factors to be enforceable they must one be supported by valuable consideration two not create any restraint on the employee greater than what is required to protect the employer three not place an undue hardship on the employee and four be appropriate in relation to the consideration consideration is what the employee receives in exchange for the contract so based on this statute alone i would find it very hard to enforce a non-compete against a physical therapist in nevada in new hampshire non-competes can be enforced if they are narrowly tailored and again that means protecting the public's interest and protecting the employee and the employer but not being unreasonable in new jersey very similar as i've stated many times before it cannot be unreasonable in new mexico non-competes may be enforceable as long as they are reasonable again it has to be reasonable for it to be enforced so if you're signing anything that's unreasonable it's not going to be enforced in new york they may be enforceable again only if they're reasonable and they are not rather than necessary to protect an employer's legitimate interest and also again may not place an undue hardship on the employee and must not be injurious to the public so if a patient in new york needs physical therapy but you can't see them because of a non-compete well they can't enforce this because then it's injurious to the public in north carolina non-competes must be in writing and as part of an employment contract to be valid if they are not they are not valid and again it has to be reasonable non-competes are not permitted in north dakota so same as california and arkansas they just are not going to be enforced in those states in ohio non-competes may be enforceable in ohio if they are not more restrictive than necessary in order to protect an employer's legitimate business interest in oklahoma same as california and same as north dakota and arkansas non-competes are not permitted now you may be employed in these states and signed a non-compete but if you actually check your state statutes nobody's going to enforce it in oregon non-competes are generally not favored by oregon courts but according to statute 653.295 they may be enforced in certain circumstances where the employer can prove the employee has stolen trade secrets and is now using them you're probably not doing that so if you are it may be enforced but again even if you did that the oregon court is not going to favor non-competes based on their history in pennsylvania non-competes are enforceable as long as they are reasonably necessary to protect the employer's interest same thing in rhode island same in south carolina now south dakota is a little bit tricky as the non-compete only restricts the former employee from carrying on the same business or profession as the employer the non-compete also must not last more than two years and must be specific with regard to its geographic scope restrictions now because you're already a physical therapist there's probably some exemptions here however i would look into the south dakota law if you're in south dakota just to be safe because you were already a physical therapist before you were employed by this employer so i think this is more if you worked for say a car dealership and then started your own car dealership but to be safe check your state statutes in tennessee they are enforceable as long as the restrictions are reasonable in texas according to statute 105.50-.52 non-competes must go along with an otherwise enforceable agreement so it has to go with something else it cannot be enforced by itself so usually this would be very hard to enforce in texas but it depends on what you signed and how crazy your employer is in utah again it must be reasonable with regard to time geographic reach and scope restrictions in vermont they can be enforced but they must not be unnecessarily restrictive to the employee and should be limited as to their restrictions for time geographic reach and the particular industry in virginia they are enforceable as long as they are very narrowly written in other words they must not be brother than necessary and they must protect the interest for the employer but they also must not hurt the employee in washington non-competes are only enforceable if the employee earns more than a hundred thousand dollars a year or the independent contractor earns 250 000 a year from the employer proposing a non-compete the non-competes are only enforceable as well if it is disclosed prior to or when making the initial employment offer in washington so if you didn't know about it it was never discussed never signed it cannot be enforced on you in west virginia they are enforceable if they go along with a legal contract and are not rather than reasonably necessary to protect the business interest so it can't be standalone it has to also go with a legal contract in wisconsin according to state statute 103.465 non-competes can be enforceable if they are reasonably necessary to protect an employer and reasonable with regard to their time and geographic reach restrictions in wyoming they are enforceable if they go along with a valid legal agreement so again the non-compete itself cannot be enforced unless it is also with a legal agreement now when it comes to what i've seen from people either showing me their non-competes they were given by an employer or employer showing me their non-competes many times they are not legal contracts in themselves and usually contracts people sign do not meet the basic criteria for being a legal contract in the final overview of this video consideration for a non-compete is required and what that means overall is that the tide is shifting in many states to generally disfavor non-competes or at least disfavored non-competes for certain workers such as low-income workers or healthcare professionals so realize that there's many states where you may have signed a non-compete already and it's not even enforceable because maybe the state doesn't allow it or maybe there is no legal contract with it and some of you may say well my employment contract is a legal contract but if it's not will state and either party can terminate the contract at any time does it really go along with the non-compete i highly recommend you read your practice stacks just so you make sure you know what's legal in your state as you're practicing but also read state statutes in regards to employment for health care workers now again many of you have signed these in states where they're not even allowed or maybe only signed one part of what would make it enforceable or if you have signed it and your employer has threatened you and you left a job when you actually look at it from the side of the courts the courts are almost always going to favor you if it was an unreasonable contract or if it creates undue hardship for you as a medical professional you need to be able to provide services to the public and you also need to be able to earn a living any non-compete that doesn't allow that will not be favored by the courts i hope you like this video i'm dr smith physical therapist and i'll see you guys in the next video thank you

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