fellowships...

[triquetras]

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"This program requires a 'Restrictive Covenant' limiting the geographic options for future practice."

I have noticed that a lot of fellowship programs have this statement at the end of the program description. What does it mean? Do they want you to stay close after your fellowship or do they want you to move away (so they don't compete with those that they have trained?)

thanks

 

[Annette]

Basically, if you don't work for them, you can't work within so many miles so you can't compete.

 

[mpp]

Restrictive covenants are notoriously difficult to uphold by the employer since they constitute restrictions to competition and the employee is usually favored. Don't take them too seriously...

 

[Disciple]

It's to ensure that if you don't end up working for their group you'll have to move away and therefore provide no competition for them.

 

[Mirror Form]

"This program requires a 'Restrictive Covenant' limiting the geographic options for future practice."

I have noticed that a lot of fellowship programs have this statement at the end of the program description. What does it mean? Do they want you to stay close after your fellowship or do they want you to move away (so they don't compete with those that they have trained?)

thanks

While you're a fellow at their program, you'll see many patients. When you graduate, it would be tempting to just start up your own private practice clinic in the same city and take all of your patients with you (and hence away from them). So thats why they have those agreements.

 

[Jake the Snake]

Hi! Sorry to resurrect this old thread, but I have a few questios about restrictive covenants.

1) I understand that many fellowship programs have restrictive covenants. Do residency programs have them as well?

2) I've seen several private practices having restrictive covenants of 1-5 miles from the practice (in large cities). They usually try to do it as 70-80% of the practice's population. For fellowships at academic institutions, the practice population comes from all over the place. What are the restrictions like for fellowships? (ie, # of miles radius, etc)

3) If I match for residency in the city I'd like to eventually practice in, should I aim for a fellowship afterwards in a different city, THEN return, as opposed to doing the felllowship at the same institution/city?

 

[Winged Scapula]

Hi! Sorry to resurrect this old thread, but I have a few questios about restrictive covenants.

1) I understand that many fellowship programs have restrictive covenants. Do residency programs have them as well?

Not usually.

2) I've seen several private practices having restrictive covenants of 1-5 miles from the practice (in large cities). They usually try to do it as 70-80% of the practice's population. For fellowships at academic institutions, the practice population comes from all over the place. What are the restrictions like for fellowships? (ie, # of miles radius, etc)

Might be miles...which will depend on size of community or within certain zip codes but again, its pretty uncommon these days.

3) If I match for residency in the city I'd like to eventually practice in, should I aim for a fellowship afterwards in a different city, THEN return, as opposed to doing the felllowship at the same institution/city?

I was not looking for a job 3 years ago when this thread was first written, but during job hunting this year, I found very very few places with restrictive covenants. As noted above in another response, they are notoriously difficult to enforce and in most cases, you can refuse to sign the contract when that it requested. It represents restraint of trade which is illegal. If practices in your field are commonly asking for R.C., you have to wonder why they are so worried about people leaving and starting up new practices...I would rather have a contract which ensures I stay rather than planning for my departure (although you have to be prepared for that as well). In surgery I did not see RCs very often.

Another option is to see how far the distance is in the restriction. 12 miles (which is a pretty typical number) is no big deal in a large city like Phoenix or LA, but in a smaller town it puts you outside of the city limits.

I would not worry about moving for fellowship based on the low probability that a practice will "make you" sign a restrictive covenant...I will reserve the right to state that the situation may be different in other specialties outside of surgery. I don't know anyone who has them in their contracts. You can always use that as a basis for contract negotations and have your attorney advise you as to what is common in your field and area of the country.

 

[toofache32]

Restrictive covenants are notoriously difficult to uphold by the employer since they constitute restrictions to competition and the employee is usually favored. Don't take them too seriously...

I would be careful there. These covenants are rampant in the dental world...usually for a new associate fresh out of dental school who cannot yet afford to buy-in to the practice or wants to be an employee for 1-2 years before committing. The covenants which are "less restrictive" (but still restrictive) tend to hold up in court, while "more" restrictive ones are more commonly deemed unreasonable by courts and disregarded. This happens all the time in dentistry. I'm not sure how well these things correlate with medical practices, but it can't bee too different.

 

[Winged Scapula]

I would be careful there. These covenants are rampant in the dental world...usually for a new associate fresh out of dental school who cannot yet afford to buy-in to the practice or wants to be an employee for 1-2 years before committing. The covenants which are "less restrictive" (but still restrictive) tend to hold up in court, while "more" restrictive ones are more commonly deemed unreasonable by courts and disregarded. This happens all the time in dentistry. I'm not sure how well these things correlate with medical practices, but it can't bee too different.

I think our point is that they are no longer very common in medical practice, truly restrictive or not. As I noted, at least in surgery, I know no one who was asked to sign one at all.