回複：請看看這employ agreement,不合理呀

It depends. Generally, covenant not to compete, like the one you have, may be enforceable if it is reasonable in time and geographic location to protect the employer's interest and not against public policy. Whether 50 mile radius is too much or 5 years is too long to render the whole covenant not enforceable is a matter of fact that must be determined by a judge. for example, if within a 50 mile radius there are a lot of kids who have to travel 50 miles each way to go to the current daycare, then I would say the covenant is not reasonable. In addition, 5 years seems too long.

If the covenant is found not enforceable, then the court may use its blue pencil power to rewrite the covenant to make it enforceable, such as reducing the radius and/or reducing the time.

In some states, such as California, non-compete agreement is illegal and thus void. If your employment is conditioned upon signing such an agreement, then the employer can be sued for fraudulent inducement.