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Birdie07

We're being sued.

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Haha. Thanks girls! I love how you called her a cow Harty! I laughed. It's getting more dramatic. We haven't gotten served yet. He actually called 4 times trying to meet with us. And we've declined. He told us if we continue to employ the other 2 doctors he fired he will sue us. If we fire them then he won't. But we're thinking even if we do it will be something new next month. So we're just hanging on. We're meeting a lawyer tomorrow at 4. Ugh really some people have no life. Oh and nice tidbit....he went to the bank today and found out that the ex friend of ours isn't getting his money and even if he did it would go right back to the bank cause he still owes 150,000 on the office. So he knows he's losing money and grasping at anything he can. If you guys are still following I commend you!!!!

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I swear, some people were only put on this earth to piss the rest of us off lol I don't think he should be allowed to say who you hire or who you fire. Hopefully the meeting goes well tomorrow, because this guy is being a complete arse and needs to get told!

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Obviously you need a lawyer but my grasp of the situation ( i have some exp. w/ non competes in the veterinary profession) is this

1. once the contract was rescinded, that rescinds all parts of the contract, including a non compete

2. if I follow correctly the potential plaintiff is your DH's employer who is retiring. If he closes or sells both practices, you cannot possibly compete with him for patients...he no longer has any once he closes his doors. He could attempt to argue he sold his patient list to the new practice owner but you never had a contract w/ new owner, so my assumption is that claim would fall flat.

 

I don't think you have too much to worry about, I think you are right in saying he is in panic mode because the sale of one practice may fall though. It seems like he is trying to almost bully you and your DH into buying his practice rather than starting your own from scratch.

 

Good luck and keep us posted!

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ps. found this on Colorado.gov, your situation bugged me and I couldn't let it go!

 

Michie's Legal Resources

 

if I read it right, Colorado won't even allow a non-compete period unless you meet one of the listed exceptions, which you do not. Plus it goes on to point out specifically they are void in all instances where it restricts the ability to practice medicine, including chiropractic practice.

smile03.gif

sounds likes your DH is in the win!

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That sounds like a mess Calia. I'm so not saavy when it comes to legal stuff, but I wish you guys a lot of luck and hope things work out in your favor. It's really disappointing when people you know and trust turn around and so something totally ridiculous and petty like this.

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And then it was 7 months later...

 

How did it turn out?

 

My experience with non-compete/non-solicitation clauses is that they are generally very tough (and expensive) to enforce unless maliciousness or extreme disadvantage is clearly evident. I think you and your DH will come out of it okay because the guy is retiring and he said his contract was null and void anyway. I hope it works out for the best.

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I'm an employment lawyer in another state, so i do a lot of work with non-compete clauses too so I am VERY interested! Update us when you get a chance!

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