Definitely not solid legal advice, but as I recall from my college business law class 40 years ago - no consideration=no contract.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
Depends on the contract.
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.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
I assume that right there is one of the main reasons to get a lawyer to read the contract.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.
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.I assume that right there is one of the main reasons to get a lawyer to read the contract.
Isn't that kind of risky though? Plenty of physicians practice at multiple hospitals. Word would probably get around pretty fast.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.
I assume that right there is one of the main reasons to get a lawyer to read the contract.
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?
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.
In my limited experience, every burned bridge will bite you in life, sooner or later. Anesthesia is a small world.You definitely have to weigh the risks/benefits of what you are planning to do, but so many times people have told me this it turned out not to be the best advice..
In my limited experience, every burned bridge will bite you in life, sooner or later. Anesthesia is a small world.
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?