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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default New Hampshire Non-Compete

    I am a clinical/orthopedic massage therapist working at a wellness center in New Hampshire. My contract stipulates that I may not see any of my Wellness Center clients for a period of 6 months after leaving the center. The penalty is that I will have to pay the center 50% of my gross income for one year.

    My last day is June 15th. I have a handful of clients who are panicking. They have complicated, painful issues that are only partially resolved, and without my continued services over another 2 to 3 months, they will likely be in considerable pain. The center does not currently have another therapist capable of doing the work I have been doing. I have not been able to locate another therapist in the area with the required skill set for referrals. These clients have availed themselves of other center offerings, including physical therapy and personal training, without relief of pain. So far, I am the only one who has successfully brought them relief.

    Obviously, they wish to continue to see me. My contract does not allow this, and my efforts to negotiate with the center have been unsuccessful. I am willing to see these people at no charge. I am willing to pay the center their usual commission. I am willing to do most anything within reason to see that these people get the care they need.

    The center has not fully upheld their end of the contract. They have not scheduled my appointments according to my contract, leaving me 15 minutes between clients rather than the agreed-upon 30 minutes. They have also not made provisions for payment for no-shows, also agreed in the contract. And my efforts to meet with my supervisor to re-negotiate the contract, which expired in August 2006, were not taken seriously, allowing the existing contract to automatically renew without changes for one year.

    Do I have recourse? What sort of legal services do I need to find, and can anyone recommend someone in my area? I am in Mason, NH, close to Brookline, Milford, Nashua, Hollis, Temple, Greenville...

    Many thanks for any help.

    Nancy D.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: New Hampshire Non-Compete

    We can't recommend any specific attorneys, but that's your best bet. No one here can interprete the enforceability of a contract they have not read. A local attorney who specializes in contract, or a general practice attorney, is your best bet.

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