Bisla v. Parvaiz

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Bisla v. Parvaiz

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-1647 Rel

Case Date: 02/21/2008

Preview:FOURTH DIVISION FEBRUARY 21, 2008

No. 1-07-1647

VIRENDRA S. BISLA, M.D., LTD., Plaintiff-Appellant, v. AKHTAR PARVAIZ, Defendant-Appellee.

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Appeal from the Circuit Court of Cook County.

Honorable Martin S. Agran, Judge Presiding.

JUSTICE CAMPBELL delivered the opinion of the court: This interlocutory appeal involves an employment dispute between physicians. In 1998, defendant, Akhtar Parvaiz, M.D. (Dr. Parvaiz), entered into a three-year employment agreement to work as a cardiologist in the medical offices of plaintiff, Virendra S. Bisla, M.D., Ltd. (Dr. Bisla or Bisla Corporation). The employment agreement contained a covenant of employment that prohibited Dr. Parvaiz from practicing medicine within a 10-mile radius of Bisla Corporation for 12 months after termination of the agreement. In 2006, Dr. Bisla filed a motion for preliminary injunction to enjoin Dr. Parvaiz from practicing medicine in the so-called "covenanted area," and the circuit court of Cook County denied Bisla's motion. On appeal, Dr. Bisla contends that the trial court erred in denying the preliminary injunction after finding the employment agreement void thereby rendering the noncompetition covenant unenforceable. For the following reasons, we affirm the judgment of the trial court.

1-07-1647 BACKGROUND A. Initial Interview The following relevant facts were revealed in testimony during an evidentiary hearing on the motion for preliminary injunction. Dr. Bisla operates an Illinois medial corporation under his own name with a principal medical clinic located at 9011 S. Commercial Avenue, Chicago, Illinois (Clinic). Dr. Parvaiz is a cardiologist who resides at 106 Kraml Drive, Burr Ridge, Illinois. After completing his fellowship in 1998, Dr. Parvaiz sought to join a medical practice and learned that Dr. Bisla was seeking to hire a cardiologist. Dr. Parvaiz called Dr. Bisla to inquire about a position and Dr. Bisla requested a curriculum vitae (CV). After receiving Dr. Parvaiz's CV, Dr. Bisla contacted Dr. Parvaiz to request a meeting. Dr. Bisla offered Dr. Parvaiz employment at their initial meeting. The offer of employment consisted of a base salary and, after three years of employment, assuming Dr. Parvaiz satisfied certain criteria, Dr. Bisla would offer Dr. Parvaiz a 50% equity interest in Bisla Corporation, as well as 100% of the net proceeds generated by Dr. Parvaiz in excess of $300,000. Dr. Parvaiz accepted the offer on the spot and Dr. Bisla asked Dr. Parvaiz to return in a week to sign a written contract. B. Employment Agreement On January 25, 1008, Dr. Parvaiz and Dr. Bisla met in the cafeteria at Trinity Hospital and Dr. Bisla presented Dr. Parvaiz with a written employment agreement postdated February 1, 1998 (Employment Agreement). Dr. Parvaiz reviewed the Employment Agreement to ensure it provided the agreed-upon terms regarding the offer of equal partnership, the pay structure,

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1-07-1647 malpractice insurance, an annual leave and family health care coverage. Upon his review, Dr. Parvaiz noticed that the Employment Agreement did not include the term whereby he would receive 100% of the net proceeds generated by his work in excess of $300,000. Dr. Parvaiz brought the omission of the net proceeds term to Dr. Bisla's attention and Dr. Bisla hand-wrote the words "More than 300,000 Net

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