Physicians and Non-Compete Contracts
We are often asked by Virginia health care providers to review an employment contract that contains a non-compete clause.
If reasonable, these restrictive clauses are upheld by courts in Virginia. The best way to deal with the potential future problem of the effects of a non-compete contract is to negotiate the terms up front before signing the agreement.
I ran across an article titled, ” Negotiation Tips For Non-Compete Clauses In Physician Employment Contracts,” published by the Pennsylvania Medical Society.
The article provided the following points for Virginia doctors to consider before signing a non-competition or non-solicitation agreement that would restrict their right to practice medicine.
7. Limit applicability of the non-compete to when “blame” for ending your employment fairly rests with you versus your employer.
Keep in mind that each state’s law can be somewhat different so it is critically important to have a lawyer in your state who is familiar with non-compete law to review your contract before you sign it.