Anyone know if you can get out of the non compete if it’s after you signed the contract but before you start working for them? No sign on bonus or anything else has been given to future employee
Mednax non compete
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deleted126335
Good question. No idea. Might be legally relevant if they retracted the offer or are you backing out?
Consult an attorney.
Consult an attorney.
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Likely since you haven't work for them. Actually they might be happy if you back out with ongoing COVID
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How far back are they pushing it?
Don't know
The law concerning restrictive covenants varies by state. Generally, the territory of the non-compete must be commensurate with the territory in which you've actually worked. Assuming you never work a single shift for this employer, there is arguably no territory for it to defend. But again, the rules are state-specific.
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Definitely not solid legal advice, but as I recall from my college business law class 40 years ago - no consideration=no contract.
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Since our group amended the contract to adjust salaries, I inquired if they would still enforce the non-compete clause if business doesn't come back and they decide to downsize, but apparently still would be in effect. A previous employee was threatened about legal action a year or so ago if he took a job in the radius of the covenant when he was searching for a new job, so I don't doubt they would come after any of us if we wanted to bail
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General question for everyone, why do non-competes stay in place if an employee is fired or laid off?
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deleted171991
Depends on the contract.
But, generally, why wouldn't they, especially if the employer can show a cause or business reason (e.g. the position is being discontinued)?
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deleted171991
If they amended the contract unilaterally, it's breach of contract, and the employee should be able to refuse the "amendment" and leave without consequences.
If the contract allows them to amend it unilaterally, or the employee does not protest (and thus accepts the amendment), everything else should remain unchanged, including the non-compete clause. Congratulations, you've just been screwed!
I Am Not A Lawyer.
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deleted171991
One should never make a move against one's employer without running it by an employment lawyer. Do not assume anything, except for assuming the worst.
As in medicine, problems are easier to prevent than to fix.
Always consider long-term effects on one's career, too. One may be legally right, 100%, but still very-very wrong, career-wise.
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A good lawyer will probably charge you $500-$1000 for a good answer to this, and it’s money well spent.
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These AMCs live by the non compete clauses they force upon people. They fire you, they enforce the non compete. You quit, they enforce the non compete. Doesn’t matter, because that’s the only leverage they have over you.
My question: if you live in a large city, why would anyone tell them you are leaving for a nearby practice? Why not say, I’m taking 2 months off before moving back home to Alaska to work. Then keep your head down, throw a For Sale By Owner sign in your yard and move on to the new practice. I doubt there are AMC private investigators out verifying your next employment. Just don’t spread it around what you are doing.
My question: if you live in a large city, why would anyone tell them you are leaving for a nearby practice? Why not say, I’m taking 2 months off before moving back home to Alaska to work. Then keep your head down, throw a For Sale By Owner sign in your yard and move on to the new practice. I doubt there are AMC private investigators out verifying your next employment. Just don’t spread it around what you are doing.
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Isn't that kind of risky though? Plenty of physicians practice at multiple hospitals. Word would probably get around pretty fast.
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I’d guess it’s plenty risky. Just depends on how badly you want to stay in the area. It seems that the AMCs use non compete clauses as vindictive weapons. If you don’t give them obvious reason to come after you, I’d guess most would get away with it. Though there are likely a few who would get caught. Not sure if the AMCs would really pursue legal action after the fact or not.
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deleted126335
Because one would be incentivized to "get fired" if they wanted to take another position in the noncompete radius.
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Because that's what they agreed to.
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What's the point if they won't amend the contract if you don't agree with terms? We need a job, and they need a body, lawyer just takes the fee for a document that can't be changed.
Would the group really spend money on counsel and court to come after you. And would the court really side with the employer, since we are not a service people are banging down the door to request for and bringing patients. Has anyone experienced this?
They don't have to win in court. They just threaten to bury you in legal fees. Even if you win, you lose.
OP should be fine. Employment only starts when you start working. Also there must be consideration (compensation) for the non compete to take effect. In my contract it is spelled out explicitly as the signing bonus. Since there will be no payment there is no non compete.
Yes, in Massachusetts this law was enacted in 1977 banning non compete agreements. Why have the ASA and state societies not been able to pass these laws in every state?
In 1977, Massachusetts General Law Chapter 112, § 12X was enacted, which banned restrictions on a physician’s right to practice medicine in employment or partnership agreements. That law provides:
Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a physician registered to practice medicine pursuant to section two, which includes any restriction of the right of such physician to practice medicine in any geographic area for any period of time after the termination of such partnership, employment or professional relationship shall be void and unenforceable with respect to said restriction; provided, however, that nothing herein shall render void or unenforceable the remaining provisions of any such contract or agreement. (Emphasis supplied.)
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deleted171991
In my limited experience, every burned bridge will bite you in life, sooner or later. Anesthesia is a small world.
This is true. I have seen it and I have experienced it. But you have to have a line in the sand that cannot be crossed. And most people, as long as they are practicing their craft with competence and professionalism, will bounce back quite nicely. There are usually two sides to every story and there is a lot of conflict in the business of corporate medicine. On the other hand I would think twice about getting involved in any Legal wrangling. Its usually not worth the time. Just pick up your things and move on.
Why? Because the impact on anesthesiologists of this law is like 0.5% of the total impact of the law and there are very rich entities on the other side lobbying to keep it.
