§ 1-23-108 — Contractual provisions in restraint of trade generally void; exceptions; unlawful intimidation

Wyoming § 1-23-108

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 23: MISCELLANEOUS CONTRACTS AND ACTIONS; STATUTE OF

Text

(a) Any covenant not to compete that restricts the right
of any person to receive compensation for performance of skilled
or unskilled labor shall be void. This subsection shall not
apply to:
(i) Any covenant not to compete contained in a
contract for the purchase and sale of a business or the assets
of a business;
(ii) Any covenant not to compete to the extent the
covenant provides for the protection of trade secrets as defined
by W.S. 6-3-501(a)(xi);
(iii) Any contractual provision providing for the
recovery of all or a portion of the expense of relocating,
educating and training an employee as follows:
(A) Recovery of not more than one hundred
percent (100%) of the expense for an employee who has served an
employer for a period of less than two (2) years;
(B) Recovery of not more than sixty-six percent
(66%) of the expense for an employee who has served an employer
for between two (2) and less than three (3) years;
(C) Recovery of not more than thirty-three
percent (33%) of the expense for an employee who has served an
employer for between three (3) and less than four (4) years.
(iv) Executive and management personnel and officers
and employees who constitute professional staff to executive and
management personnel.
(b) Any covenant not to compete provision of an
employment, partnership or corporate agreement between
physicians that restricts the right of a physician to practice
medicine as defined in W.S. 33-26-102(a)(xi), upon termination
of the physician's employment, partnership or corporate
affiliation, is void, provided that all other provisions of the
agreement enforceable at law shall remain enforceable.
(c) Notwithstanding subsection (b) of this section, upon
termination of the employment, partnership or corporate
affiliation, or upon the voiding of an agreement not to compete
specified in subsection (b) of this section, a physician may
disclose his continuing practice of medicine and new
professional contact information to any patient with a rare
disorder as defined in accordance with the national organization
for rare disorders, or a successor organization, to whom the
physician was providing consultation or treatment before
termination of the employment, partnership or corporate
affiliation. Neither the physician nor the physician's employer
shall be liable to any party to the prior agreement for damages
alleged to have resulted from the disclosure or from the
physician's treatment of the patient after termination of the
prior agreement or employment, partnership or corporate
affiliation.