Noncompete clause

[DermpaNWI]

If anyone has any experience with moving to another job that is within the designated boundaries spelled out by their noncompete clause, or knows someone....

 

I am currently in dermatology, have worked at the clinic for nearly 2 1/2 years.

I have a noncompete clause in my employment agreement (not a contract - it states employment may be severed at any time by employee or employer) which states I am prohibited from working I another derm clinic within a FIFTY mile radius for two years after my employment ends.

 

I think this is excessive and most judges would agree that there is no way this can enforced because it prevents me from living where I currently reside and working within a reasonable distance.

 

If anyone has violated the terms of their noncompete, I would love for any advice on how to progress. Do I tell my employer where I am planning on working? It would be 15 miles from my current office. Do I leave and start at the new place and hope he doesn't track me down? Do I offer to settle out of court?

 

I have heard that noncompetes for PAs are an empty threat, a scare tactic. If anyone has any experience, please do tell.

[ventana]

varies by the state - in MASS physician non competes are illegal

 

are you working in Derm still?

If yes - then you should talk about it - and try to come to an agreement

 

a few thoughts thoughts though

 

1) in order for them to enforce it they have to hire and atty and persue legal action...

2) I believe that in order for a non-compete to be enforcable there has to be some "consideration" for it - .... they have to have paid you for the non-compete

3) I have always heard that a non compete can not eliminate the ability for you to make a living..... and yes 2 years and 50 miles is to long/far.....

4) if you don't have a signed employement contract - just agreement - well that doesn't really help in that you have likely been acting and working on the contract and therefore have a contract.....

 

 

I would start with open talk to your current employer if at all possible and just explain it.

Might want to talk to a lawyer before this (will likely cost you a few hundered dollars) but will let you know some specifics

[JohnnyM2]

You are asking a legal question and really need to speak to an attorney before proceeding. It would seem to me that if the non-compete is legal, then you are both legally and ethically bound by it. Hoping not to get caught doesn't seem to be a good strategy. If it isn't legal, you can take the other position but still need to handle any ethical issues. Again, your best advice will come from a professional. Good luck and please let us know how it turns out.

 

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[ventana]

You are asking a legal question and really need to speak to an attorney before proceeding. It would seem to me that if the non-compete is legal, then you are both legally and ethically bound by it. Hoping not to get caught doesn't seem to be a good strategy. If it isn't legal, you can take the other position but still need to handle any ethical issues. Again, your best advice will come from a professional. Good luck and please let us know how it turns out.

 

Sent from my Kindle Fire HDX using Tapatalk 2

 

if only "legal" was such an easy thing to define.....

[JohnnyM2]

if only "legal" was such an easy thing to define.....

Precisely why I suggested the op talk to an attorney. I have a simple definition for "legal." Until an issue has been adjudicated you can only surmise based on written and prior case law. Even attorneys frequently get it wrong.

 

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