Is it common for fellowships to have new fellows sign non-compete contracts wherein they cannot go into private practice near their local of training for a certain number of years? One of the senior residents at my home program mentioned this was the case at a few programs at which he interviewed for a fellowship.
Non-compete contract
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Not common, but definitely out there. It makes sense from a business point-of-view (but not necessarily from a good-will perspective). Why train someone who is going to take away your patients? I'm guessing that many California doctors wish non-compete clauses were enforceable given the excess of Ophthalmologists there.
This clause is probably more common for private-practice type fellowships, but I've seen it also for academic-based fellowships as well.
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half my retina interviews last year had them. I think they are becoming less common though. Some states they are illegal like said already. Hard to enforce even if legal from what I have heard but who wants to p*** off their mentors like that?
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I interviewed for Dr Price's cornea fellowship a few years ago and I also happened to be doing my residency in Indianapolis at the time. His first words to me during our interview: "Well I see you're training here in town at IU. Well just so you know I do I have you sign a statewide no compete clause if you do my fellowship. And if you do happen to stay in state I will come after you" This really gave that warm and fuzzy feeling I was looking for when choosing my fellowship
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I interviewed for Dr Price's cornea fellowship a few years ago and I also happened to be doing my residency in Indianapolis at the time. His first words to me during our interview: "Well I see you're training here in town at IU. Well just so you know I do I have you sign a statewide no compete clause if you do my fellowship. And if you do happen to stay in state I will come after you" This really gave that warm and fuzzy feeling I was looking for when choosing my fellowship
Classy.
Common. Know, however, that some are unenforcable if they are too broad (for example, know of one that was for an entire county....another one which was a 25 mile radius in an urban environment, etc.). You do not have much negotiating power as a fellow...but be sure to hire a lawyer for your first real job post-fellowship.
Based on my talks with two different health law lawyers...not enforcable...too restrictive....but he's counting on a poor fellow either not knowing that or not having the $$$ to fight.I interviewed for Dr Price's cornea fellowship a few years ago and I also happened to be doing my residency in Indianapolis at the time. His first words to me during our interview: "Well I see you're training here in town at IU. Well just so you know I do I have you sign a statewide no compete clause if you do my fellowship. And if you do happen to stay in state I will come after you" This really gave that warm and fuzzy feeling I was looking for when choosing my fellowship
Are you aware of anyone that actually signed such a contract (statewide non-compete) and then ended up practicing in the same state? It seems like it would be a very awkward situation to be in the last few months of your fellowship training and having to tell your instructors that you intend to practice in the same state...
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Not common, but it does happen. I heard about one such instance at my fellowship institution. Non-compete was upheld, but the doc just paid a penalty and stayed.
