Peachtree Fayette Women’s Specialists, LLC “PFWS”1 appeals the trial court’s order declaring a noncompetition clause in its employment contract with Heather M. Turner, M. D., to be unenforceable. We affirm. PFWS provides obstetric and gynecological services to patients out of two locations in Fayetteville, Georgia. The sole owner and principal of PFWS is Dr. William Cook. Turner is a physician who began working for PFWS in October 2006. And on October 6, 2006, the parties signed an employment agreement2 that contained restrictive covenants relating to Turner’s post-employment activities, including a two-year non-competition clause. The pertinent clause states: Non-Competition . Employee acknowledges that Employer has expended and will expend considerable time, effort and capital to develop its medical practice, including its patient base and referral sources. Employee further acknowledges that Employer has a legitimate business interest in protecting its medical practice. In furtherance of the foregoing, Employee agrees that she will not, during the Restricted Period, provide obstetrical and gynecology medical services either for his sic own account or benefit, or for or on behalf of any other person, firm, partnership, association, corporation, business organization or entity other than Employer, within the Restricted Territory. The agreement defines the Restricted Period as extending two years after the termination of the employment agreement. Further, “Restricted Territory” is defined to mean
1 a five 5 mile radius from Employer’s office located at 1267 Hwy 54 West, Fayetteville, Georgia, 2 at Piedmont Fayette Hospital, Fayetteville, Georgia, and 3 at Piedmont Hospital, Atlanta, Georgia.3 Employee acknowledges that she will provide services on behalf of Employer during the term of this Agreement at each of the locations described in clauses 1, 2, and 3 of this subsection. Turner’s employment terminated as of June 14, 2009. She initiated this declaratory judgment action on April 28, 2009, prior to her last day of employment, to determine whether the noncompetition clause was enforceable.
