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Jeffrey E. Duermitt v. Odyssey Healthcare, Inc. (mem. dec.)

Ind. Ct. App.December 31, 2015No. 29A02-1503-PL-146
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal
State
Indiana

Related Laws

No specific laws identified for this ruling.

Outcome

The Indiana Court of Appeals affirmed the trial court's issuance of a preliminary injunction enforcing Odyssey Healthcare's non-competition agreement against the employee Duermit, preventing him from competing or soliciting Odyssey's patients and referral sources for 12 months post-termination within a 50-mile radius.

What This Ruling Means

**What Happened** Jeffrey Duermitt worked for Odyssey Healthcare and signed a non-compete agreement when he was hired. After leaving the company, Duermitt tried to start competing with his former employer by working in the same industry and potentially reaching out to Odyssey's patients and doctors who referred business to them. Odyssey sued to stop him, asking the court to enforce the non-compete contract he had signed. **What the Court Decided** The Indiana Court of Appeals sided with Odyssey Healthcare. The court upheld a preliminary injunction that prevents Duermitt from competing with his former employer or contacting Odyssey's patients and referral sources for 12 months after leaving his job. This restriction applies within a 50-mile radius of where he used to work. **Why This Matters for Workers** This case shows that courts will enforce non-compete agreements when they appear reasonable in scope and time. Workers should carefully read any non-compete clauses before signing employment contracts, as these agreements can significantly limit where and how they can work after leaving a job. The restrictions can affect your ability to earn income in your field for months after employment ends.

This summary was generated to explain the ruling in plain English and is not legal advice.

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