non-competes for PAs in surgical specialties?

[ChowdaPA]

What are your thoughts about non-compete clauses for PAs working in surgical specialties and how to negotiate them in (or completely out of) a contract?  I live in a relatively small city and was recently offered a position with a surgical subspecialty within a hospital system.  The non-compete clause is for the term of the agreement AND a period of 1 year following separation for a distance of 20 miles.

As a PA in a surgical specialty we are never the primary provider because we can't perform surgery.  At most we are working up new patients to determine surgical candidacy and usually performing post-op clinic visits in addition to our standard first-assist work.  The patient is never/rarely going to follow a PA to a new practice if they left their existing one, and will almost always stay with their surgeon.

This job and the pay is good, but the non-compete could be a serious deal-breaker for me.  This is my home and where I need to be able to work...relocation is not an option and I need to maintain my ability to work here if things didn't work out for some reason.

Thoughts, advice, input are all much appreciated.  Thanks!

[MediMike]

The enforceability of a NCC is completely state dependent, first step would be to take a look at your local laws.  Second, I'd bring those concerns up to whoever it is you are interviewing w/ vs. whoever your main point of contact is.  In my personal experience it is almost impossible to get out of them, especially in larger systems.

I had to drop down to 0.47 FTE, lose my benefits and retirement so I could moonlight in a different system to maintain my sanity. 

You could also contact lawyer for some advice, get an idea of how often they are actually enforced, what the consequences are etc.

[ravenspac]

i would only do it if it was specific to my specialty.... Like If i was in ortho, and they had a non compete for orhto within 20 miles I wouldnt mind If I loved the job.

 

but I would never do a blank slate non compete. 

 

Also I would make it so if I was terminated for any reason, the non compete was voided

[mgriffiths]

I was about to type exactly what ravenspac said - the noncompete should only apply the specialty you work in.  And I would work to try to make it only enforceable if you leave, rather than if they terminate you.

 

But as also said above - non-compete enforceability is highly variable and even in states where they are legal the wording must be very carefully done.  If they are over-the-top they get voided by the courts.