Case Study: Non-Compete Agreements Remain Subject To Judicial Review For Reasonableness

On Oct. 31, 2022, the Idaho Supreme Court published its decision in Blaskiewicz v. Spine Institute of Idaho, wherein the Court reiterated the appropriate standards for reviewing, enforcing and possibly modifying non-compete agreements. The decision also illustrated how a valid arbitration agreement alone may not shield an employer from litigation if the employer fails to timely seek arbitration.

On Dec. 7, 2018, Donald Blaskiewicz, M.D. (Blaskiewicz), entered into a Professional Services Agreement (PSA) with the Spine Institute of Idaho (Spine Institute), a medical treatment provider located approximately 10 miles west of Boise, Idaho. The PSA contained a non-compete clause that prohibited Blaskiewicz from practicing medicine within 50 miles of the Spine Institute's office for a period of 18 months following the termination of his employment with the Spine Institute for any reason. (The PSA provided an explicit exception for the city of Caldwell, Idaho, located