It is then that the value of precise language becomes apparent. Precise language will leave little room for time-consuming interpretation and reinterpretation of your intent. It is important to be realistic, however, and to understand that non-compete disputes are intense matters that will take up a significant time. Disputes typically are handled by a Court of Common Pleas judge, who will usually issue a preliminary injunction or restraining order immediately upon learning that you have a non-compete agreement in place. Proceeding from that point through witnesses, depositions and trial toward a permanent injunction can take anywhere from 30 to 45 days.
Public policy plays a role.
Overreaching the bounds of what is reasonable is a mistake. When dealing with non-compete agreements and physicians, public policy considerations come into play. The judge has the authority to simply strike portions of the agreement that he or she thinks are unfair. Courts of equity can grant limited enforcement only to those portions of the agreement that are deemed reasonable and enforceable. Physician's practices may be held to a higher standard.