Non-compete question

[Tizanidine]

I don't think there's any way around this, but wanted to check and/or get advice. I'm pain/anesthesia boarded but currently doing anesthesia in my current job. Want to leave my current job and switch to a 100% pain position down the road of a center I provide anesthesia at. It is within 10 mi non compete.

It's ridiculous enough for anesthesia but this is for two different specialties. Any experience with how to handle this? Or it is set and stone and no way around it. TIA

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[cchoukal]

If you're only doing anesthesia under the contract with the non-compete, and you'd only be doing pain in the new position, a rational person could easily justify why the NC shouldn't apply. But then again, the law has nothing to do with reason. What does the contract say? How malignant is your current group? My advice: find an employment lawyer, pay her her $800 an hour, and get a proper opinion based on the language of the contract.

 

[thinkorswim]

Agree, talk with a lawyer. The legality and enforceability of non-competes can vary widely between states. There are even a lot of nuances that can go into it, such as which patients and employees you can solicit for your new practice.

 

[GravelRider]

I don't think there's any way around this, but wanted to check and/or get advice. I'm pain/anesthesia boarded but currently doing anesthesia in my current job. Want to leave my current job and switch to a 100% pain position down the road of a center I provide anesthesia at. It is within 10 mi non compete.

It's ridiculous enough for anesthesia but this is for two different specialties. Any experience with how to handle this? Or it is set and stone and no way around it. TIA

I would look at the language in your contract. In reality, you should have ironed that out before you signed it, but have a lawyer look at it now. When I was coming out of residency, I was already boarded in IM. I made sure that my non-compete specifically said “anesthesia only” and did not apply to me practicing IM…just in case.

 

[kidthor]

100% discuss this with a lawyer. It'll cost you maybe $1K and it'll be well worth the money. Hell maybe even spend 3-5K and keep them on retainer for employment "stuff" during the transition. Even an unenforceable noncompete can be the basis for a lawsuit against you.

 

[Tizanidine]

If you're only doing anesthesia under the contract with the non-compete, and you'd only be doing pain in the new position, a rational person could easily justify why the NC shouldn't apply. But then again, the law has nothing to do with reason. What does the contract say? How malignant is your current group? My advice: find an employment lawyer, pay her her $800 an hour, and get a proper opinion based on the language of the contract.

Agree, talk with a lawyer. The legality and enforceability of non-competes can vary widely between states. There are even a lot of nuances that can go into it, such as which patients and employees you can solicit for your new practice.

I would look at the language in your contract. In reality, you should have ironed that out before you signed it, but have a lawyer look at it now. When I was coming out of residency, I was already boarded in IM. I made sure that my non-compete specifically said “anesthesia only” and did not apply to me practicing IM…just in case.

100% discuss this with a lawyer. It'll cost you maybe $1K and it'll be well worth the money. Hell maybe even spend 3-5K and keep them on retainer for employment "stuff" during the transition. Even an unenforceable noncompete can be the basis for a lawsuit against you.

This might be really dumb, but would you bring this up with the employer, or go straight to a lawyer?

 

[thinkorswim]

This might be really dumb, but would you bring this up with the employer, or go straight to a lawyer?

No, go to a lawyer first. Even if you think your current employer is cool with it and you’ll be leaving on good terms, they can be a wolf in sheep’s clothing. It’s just not worth the risk in my opinion.

 

[kidthor]

No, go to a lawyer first. Even if you think your current employer is cool with it and you’ll be leaving on good terms, they can be a wolf in sheep’s clothing. It’s just not worth the risk in my opinion.

There is absolutely no downside from consulting a lawyer except for paying them about 1K. Agreed with thinkorswim, the employer can turn on you or start to play you as you transition out. E.g., they start giving you a bunch of trash shifts while telling you you'll have to do them, or toy with you on your required notice time. Also don't tell your employer you have a lawyer. Better to have someone on your side just in case.

 

[rakotomazoto]

Agree with getting a lawyer. Your employer is not your buddy, even if they have treated you well thus far. Protect yourself and your interests and don't tip your hand by going to them with your plans. Stakes were much lower, but I told my boss at the time that I had been accepted to medical school. I was fired that same day. Why? Because they didn't want to waste any more resources on developing me. This is a business decision, don't make it based on how you feel towards your current employer.

 

[nimbus]

What Anesthesiologists Need to Know About Enforcement of Non-Compete Agreements | Anesthesia Business Consultants

Founded in 1979, ABC is the leading provider of anesthesia billing and practice management software.

www.anesthesiallc.com

 

[potcake76]

Companies using noncompetes may be criminally prosecuted, Justice Department signals