Shelly is a new HIM graduate. She has been offered a position as an EHR trainer with a reputable EHR vendor, AutoDoc, which provides an EHR product to physician-office practices. As a condition of her employment with AutoDoc, Shelly is being asked to sign a no compete agreement. She is concerned that she will be limiting a considerable number of future career opportunities if she signs the agreement and later leaves her employment with AutoDoc.

What types of limits are likely being placed on Shelly if she signs the no compete agreement?

1) Is AutoDoc violating the law by imposing a no compete agreement?

2) If AutoDoc’s no compete agreement was legally challenged, what would a court consider in determining whether it is enforceable or not?

3) What would constitute an unnecessarily broad no compete agreement?

4) What if AutoDoc will not negotiate on the no compete agreement, yet Shelly still feels uncomfortable with it because it seems too limiting?

5) What if Shelly accepts employment with AutoDoc, leaves the company, and then works elsewhere in violation of the no compete agreement she signed?