Non-compete clause for fellowship

[Sophia88]

I have heard that some fellowships (particularly in Mohs) include geographic non-compete clauses as part of their contracts. How prevalent are these and are they ever negotiable? I'm going to be very restricted with location due to family and am concerned this will be problematic.

Thanks!

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[asmallchild]

I have heard that some fellowships (particularly in Mohs) include geographic non-compete clauses as part of their contracts. How prevalent are these and are they ever negotiable? I'm going to be very restricted with location due to family and am concerned this will be problematic.

Thanks!

Those are illegal if you are participating in an ACGME-accredited program (although you may be find that being honest about wanting to practice in the vicinity of the fellowship program may decrease your chances of matching there...)

Now if you are participating in a non-accredited program, all bets are off. Plenty of outstanding programs out there, I would be very hesitant about doing a fellowship with someone who would make you sign something like that.

My understanding is that restrictive covenants are difficult to enforce in court, but who wants the hassle of dealing with all that?

 

[laxman310]

Depends on your options, but the non-compete may be non-enforceable anyways. If its your only option, then you have the option of surreptitiously speaking with an attorney who knows the case law (maybe $500-$1000 for a 1 hour consult) and seeing if the actual non-compete would hold up in court.

 

[MOHS_01]

As long as they are reasonable in scope and duration, they'll hold. Not worth the cost in fighting -- you'll lose. If it is a deal breaker for you, so be it -- but do not kid yourself into thinking you can get out of it.

 

[dermathalon]

Depends on the state. In some states, non-competes are not allowed. Sometimes, there are provisions that can allow a non-compete (like selling a business so that you don't open the same business across the street after you sell) but a fellowship typically won't qualify to allow it to be enforceable. The other question though is whether you want to burn professional bridges. Talk to a lawyer but be sensible. Sometimes there is no other choice and it's the way it is but talking to a lawyer is sound advice.