A dental employment contract contains a restrictive covenant (non-compete) clause. Which of the following should NOT be treated as a negotiable element when judging whether the clause is valid?

Correct answer: B. Whether it restricts patients' access to needed care

• A. Geographic scope IS a core validity test — the radius must be no larger than needed to protect the practice.
• B. Correct — this is the element that can NEVER be traded away. Patient welfare and access to care are not bargaining chips. If a covenant impairs patients' ability to obtain treatment it is unethical and unenforceable no matter how reasonable its duration or radius. Exam strategy: in long legal stems, find the option that harms the patient.
• C. A legitimate protectable interest (patient lists, goodwill, trade secrets) IS required for enforceability.
• D. Duration IS a core validity test — courts strike down covenants of unreasonable length.