non compete clause help

[swimchik04]

Thoughts on this non-compete clause? Does it sound like it will only limit me to speciality? Or to working as  PA in any speciality within a 35 mile radius?  I would like to have a lawyer review it - anyone in Minnesota who could suggest a good lawyer to review it?

"If either of us terminates your employment, you will not, for a period of twenty-four (24) months following the effective date of your termination, directly or indirectly engage in the practice or specialty in which you were engaged for Company at any place within a thirty-five (35) mile radius of any location where you practiced for Company

If you breach this agreement not to compete, you agree that Company will suffer irreparable harm and continuing damage for which there will be no adequate remedy at law. Therefore you agree that, regardless of the liquidated damages provision below, below, Company will have the right to seek injunctive relief from a court of competent jurisdiction for your breach or threatened breach, and you will pay all costs, including attorneys’ fees, incurred by Company in enforcing this agreement not to compete.

If you breach this agreement not to compete, you will be liable to Company for liquidated damages as follows: the greater of (a) One Hundred Thousand Dollars ($100,000); or (b) an amount equal to fifty percent (50%) of your Gross System Revenue for the twelve (12) months immediately preceding termination of your employment. For purposes of this provision, “Gross System Revenue” shall mean all of a provider’s directly billed professional revenue, plus all revenue to Company from imaging and laboratory services ordered by such provider, plus all revenue to Company from hospital and clinic services and supplies associated with such provider’s treatment of any patient. Payment of this sum will be to compensate Company for the injury it sustains because of your breach of this agreement. Because it is impossible to determine the exact cost or damage which Company may sustain by reason of such breach, this sum is agreed upon between the parties as liquidated damages, and not as a penalty."

[south]

A second read of this does actually open the door for "specialty" to be interpreted broadly, as in, "Physician Assistant".  I would seek some legal advice here.  35 miles and two years is pretty brutal. 

I really do get stealing away a panel of patients, but this seems pretty overboard.

[greenmood]

That's ridiculous, IMO.

So you quit your job, even on good terms with your employer, and aren't able to work near your town for 2 years? Whether it means PA or specialty PA, it's BS.

I don't have a lawyer recommendation. Just my outrage.

[Guest ral]

Tell them to cram it up their cram hole.  Seriously. 

I literally laughed at the CEO of a group of clinics, over the phone one day, when I called to discuss the contract he had mailed me, after I had met with the clinic manager about a position.  It had a 24 month/25 mile non-compete clause (I forget the penalty $).  I asked him point blank if he honestly felt I would sign something as ridiculous as to exclude myself from working in the town where I was paying a mortgage on my house, where my wife worked, and where my children went to school.  When he told me he would not take the non-compete out, I laughed, told him "Good luck with that.", then hung up.  

Effing idiots.  

[anewconvert]

“If either party...”

 

so they can fire you without cause and you can’t practice in their area of specialty?!? I feel like it’s one thing to have a no compete restricting if you left, but if they are firing you the no compete clause is extra ridiculous