Any smart outpatient clinic will add a non-compete. It takes time to build a full clinic and FU's pay better than new evals. Someone that leaves to compete after 1 year would stick the original company will all of the higher initial costs and lose out on the more lucrative years.
I think my wording was not accurate. The 2 year non compete starts at termination of the contract. I keep hearing to get this out of physician contracts but I am iffy that a hospital that is starting a new psych service with me leading would do this even if I hold all the cards being the only psychiatrist as all their psych care has to be sent an hour away. Though I don't see what would stop me from being able to go 10 miles away and be out of the county and be able to pick up a good chunk of the patients I would theoretically have as there is no non-solicitation of patients in the contract but only that i cannot solicit employee's and the patient's are theirs but I don't see how that has anything to say about patients coming to me if i were to leave at some point. Just curious to the wording below as this is my first real gig and i don't want to kick myself later.
Below is the exact wording from the contract for those that have a few minutes to read just the part of restrictive covenants:
RESTRICTIVE COVENANTS
4.01
Covenant Not to Compete. For the term of this Agreement, including all renewals hereto, and for a period of two (2) years following termination or expiration of this Agreement, Employee shall not provide psychiatry or other medical services, directly or indirectly, individually or in concert with any other person or entity, or through a corporation, partnership or other entity, or own, manage, operate, control, be employed by, work on behalf of, invest in, assist (financially or otherwise), provide advisory, consulting or other services for, participate in or be interested or connected in any manner with the ownership, management, operation, promotion or control of any person, corporation, partnership, limited liability company, proprietorship or other business enterprise that competes with Employer or is engaged, directly or indirectly, in providing psychiatry or other medical services within xxxxxx County. This Section 4.01 shall survive termination or expiration of this Agreement.
4.02
Non-solicitation. For the term of this Agreement, including all renewals hereto, and for a period of two (2) years following the termination or expiration of this Agreement, Employee agrees not to hire, solicit to hire or accept solicitation for hire, through an employment or services agreement or otherwise, any employee, agent or independent contractor of Employer or any individual who has provided services as an employee, agent or independent contractor of Employer at any time during the year prior to termination or expiration of this Agreement. This Section 4.02 shall survive termination or expiration of this Agreement.
GENERAL PROVISIONS
5.01
Patient Records. For the purpose of this Agreement all patients are those of Employer and all patient records shall belong to and remain the property of Employer.
