I have a relative who is an occupational therapist. We'll call her "Sue".She worked for a company that contracted with public schools, to go in and work with students who require occupational therapy services as part of their IEP's.The company's service area was southeastern Vermont.

Sue had a contract not to compete.She decided she wanted to switch jobs. Based on her contract, she was unable to work within the former employer's service area for 1 year after she left their employment.This forced her to have to find a job more than an hour away.

Sue never bothered to consult with a lawyer to determine whether or not the contract not to compete was enforceable.If she consulted with you, what arguments would you raise on behalf of Sue to invalidate the contract?What arguments could you raise on behalf of the employer to support the contract?