“The Supreme Court of Georgia has held that provisions containing exactly the same language were unenforceable. Michael Garner, attorney for the franchisees. “The non-competes are fatally flawed under Georgia law,” said W. Joe Neely, President of Any Test Franchising, Inc., wrote back to both of the franchisees agreeing with their letters and accepting the terminations.ĪLSO READ: ANY LAB TEST NOW Franchise Complaints ![]() ![]() Last week, Baumann and Fernandez wrote to the franchisor, announcing that they were leaving the system and pointing out that the franchise agreement’s covenant not to compete, which would otherwise have put them out of business, was not enforceable under Georgia law. ![]() Two former franchisees of “Any Lab Test Now” have successfully challenged the post-termination covenants not to compete in their franchise agreements, and have left the Any Lab Test system, according to the franchisees, Jason Baumann and Orlando Fernandez.īaumann and Fernandez, formerly franchisees of Any Test Franchising of Atlanta, Georgia, a franchisor of walk-in laboratory services, have now opened business under their own flag known as “Unilab Express.” Baumann commented, “We hope to better serve the Miami public with a broader range of services, the availability of a physician, and better compliance with Florida’s strict patient privacy rules.”
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