If you didn't have to sign a non-compete, you can apply and work wherever you want. Don't worry about rocking the boat. Your attendings have jobs. You're the one looking.we didn't sign anything. We don't want to rock the boat - but we want to be able to live where we want.
You should try to remove the non-compete clause completely, especially if it specifies terms of irremediable losses and liquidated damages, which many do. The present legal climate in California may view these clauses as unenforceable in the state, but if that were to change, you might find your contract terms an encumbrance if you left your job. Also, I suspect that the enforcement generally depends on the parties; the courts may have found that clauses in employment contracts are not enforceable, but in other types of contracts they might be enforceable, for instance if you sold your practice to a buyer with a non-compete clause against the seller.Odd question - If you do an academic fellowship in an area, are you not allowed to apply to Kaiser jobs in the same area? They have 2 different pt populations right?
The legal term is "consideration." In hiring, the offer of a job itself is itself the consideration, in many instances, and it does qualify. Once hired, however, any addition to the terms of the contract in the way of non-competition terms usually requires some consideration, a bonus, pay increase or something else given in exchange for the heavier terms; continued employment does not qualify.I'm not an expert in this field but I have some experience and what I've learned from people in the legal field is that for a non-compete to be enforceable, there has to be something given in exchange for that non compete.
It can't simply be a condition of employment. For example, you will be given a signing a bonus or the practice will subsidize some sort of research project you want to do or whatever. But there has to be some value in exchange for the non compete.