dealings or contracts, except those which demonstrably do not relate to or compete with the business or interests of the Corporation, with any then existing patient, customer or client (or party with whom the Corporation contracts) of the Corporation or any person or firm which has been contacted or identified by the Corporation as a potential customer or client of the Corporation or (iii) be an employee, employer, consultant, agent, officer, director, partner, trustee or shareholder of any person or entity that does any of the activities just listed.
#Cardiac study center tacoma wa full
The Employee therefore agrees and covenants that during the Employee's employment by the Corporation and for sixty (60) full months after termination of such employment for any reason, the Employee will not, directly or indirectly, (i) anywhere within Pierce County and Federal Way, Washington (“Restricted Area”) engage in the practice of cardiac medicine in any manner which is directly competitive with any aspect of the business of the Corporation as presently conducted or as said business may evolve in the ordinary course of business between the date of this Agreement and the expiration of this covenant not to compete, whether or not using any Confidential Information, (ii) anywhere in the Restricted Area, have any business. (e) Non–Competition․ The Employee further recognizes and acknowledges that because the goodwill of the Corporation's business is a valuable asset, and because the solicitation of patients of referral sources or persons or entities with whom the Corporation contracts, by the Employee, after the Employee has ceased to be employed by the Corporation, will cause irreparable harm to the goodwill of the Corporation, the Corporation would not continue to employ the Employee unless it is assured that such solicitation will not occur. The covenant states that if a doctor leaves the group, he promises not to practice competitively in Pierce County or Federal Way for a period of five years. At that time, Emerick signed a shareholder employment agreement, which included the covenant not to compete at issue here. In February 2004, Emerick became a shareholder of Cardiac. In February 2002, Cardiac hired him as an employee. Robert Emerick practiced medicine in Memphis, Tennessee for approximately three years before joining Cardiac. The hospitals serve as a referral source for Cardiac. The practice has four offices, each near a hospital. The practice has provided care to patients with heart disease in Pierce County since 1966. ¶ 2 Cardiac is a medical practice group of approximately 15 cardiologists. We agree and, therefore, reverse and remand.
#Cardiac study center tacoma wa trial
On appeal, Cardiac argues that the trial court misapplied Washington law in granting the summary judgment. The trial court agreed and granted Emerick summary judgment, invalidating most of the covenant's provisions. Cardiac terminated Emerick, and he filed this action seeking a declaration that the covenant was unreasonable and thus unenforceable. Robert Emerick joined Cardiac Study Center's specialty practice, he signed a covenant not to compete with Cardiac if he left the practice. Stuart Charles Morgan, Attorney at Law, Tacoma, WA, for Respondent. Valarie Standefer Zeeck, Gordon Thomas Honeywell, Tacoma, WA, for Appellant. CARDIAC STUDY CENTER, INC., P.S., Appellants. Court of Appeals of Washington,Division 2.
0 kommentar(er)
