associate dentist, ohio. signed a contract 18 months ago when i started. 5-mile radius / 5-year non-compete after termination. wanting to leave but the practice owner is litigious. looking at openings 7 miles away. enforceable?
OH applies a reasonableness test. 5 years is on the long end — 1-2 years is typical. 5-mile radius for a dental practice in suburban OH could go either way. courts often blue-pencil overbroad non-competes down rather than void them entirely.
at 7 miles you're outside the 5-mile radius so the geographic prong is satisfied. as long as you don't solicit patients you treated, you should be OK on that front.
also — get a written legal opinion BEFORE you give notice. costs $300-600 for a one-time consultation but gives you clarity.
also negotiate a formal release at separation. owner may be more flexible than the contract suggests if you offer a clean exit and modest non-solicit on a narrower set of patients.