I physician I recently worked with came to me with a problem.
She wanted to open her own clinic but part of the non-compete in her most recent employment contract restricted her from owning any medical business of any kind, anywhere for seven years.
Otherwise, she would have to pay her former employer $250k—with interest if it took them time to find out what she had done.
Professional service non-competes for clinicians are usually enforceable for limited geographic regions and durations. 15 miles from your primary practice and one year is reasonable. Anything more and the courts won’t enforce them. If the restrictions are too egregious, the court may even award a contesting clinician court costs, attorney fees, and damages.
It’s not in society’s interest to restrict a clinician too much.
But a medical business? There are no slam dunk legal restrictions on those.
This physician limited her options significantly by not having an attorney (and myself) review her employment agreement before she signed.
Healthcare systems today are all about the cartel. They do not want any motivated clinicians competing. (Spoiler alert: we would win.)
Why didn’t your residency teach you about this? They are in on the deal. The same industry interested in capturing you has already captured them.
Watch your non-compete’s closely. You’re selling your future—at least don’t give it away too cheaply.
I’ll evaluate your prospective employment contract and share my knowledge from both sides of the table.
Not a legal review, a wisdom review.
It’s a simple, straightforward process.
And given the impact your employment agreement will have on your life, it’s the best money you will ever spend.