Non Compete and Fellowship

CCMed88

Full Member
Jun 19, 2020
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  1. Attending Physician
    Hi everyone,

    I just wanted to ask a question about something. I am currently looking for jobs now and found a couple. Some are primary care contracts and one is hospitalist. Most of the contracts have a non compete clause. I wanted to keep the option open of doing fellowship within the next 2 years or so but some of contracts are two years in length. Do you guys think the non compete also includes leaving for fellowship within the two year time frame? It would ideal to do the fellowship at an academic center that is near home and likely be within range of the places offering the contracts.

    Thank you!
     

    IMGASMD

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    Jan 24, 2017
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      1. Ask them to include an exemption for fellowship.

      2. Ask a lawyer.

      3. It's going to be very state dependent.

      It can also be something like, you were billing for primary care/hospitalist daily rounding. After fellowship, you only bill for consultation/follow up in your own speciality..... that may be a way to go around your non-compete.

      Agree with this post. Ask for exceptions, ask for shorter length, ask for smaller radius. Can’t hurt to ask. They can always say yes.

      Have a lawyer look at your contract. Someone whose speciality is physician employment, they may have suggestions.
       
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      gutonc

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      1. Attending Physician
        Thank you. Have you come across this situation before and noticed that employers usually over look fellowship among non compete contracts?
        Entering a fellowship is a completely different job than going from one hospitalist gig to another. Nobody will care about your non-compete in that case.

        Also...non-competes are often unenforceable...blah, blah, blah...get a lawyer to review your contract...blah, blah, blah.
         

        chessknt

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        2. Attending Physician
          Poaching patients is the fake reason for a non-compete, especially for hospitalists. The real reason is to put you at a disadvantage in case you want to find another job because theirs sucks.

          Shouldn't be too hard to get language added that the non-compete would be waived if you enter fellowship (this is important in case you moonlight as a hospitalist). Even better to get it removed entirely and depending on your local market if you make a big fuss and threaten to walk of it is included they might do it despite saying they won't.
           
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