Practice Question - pondering change

[SpinDktr]

I am a practicing psychiatrist, currently doing 100% outpatient. I also have a fellowship in geriatric psychiatry, but currently I am just doing general adult work.

I have been doing this for about 5 years or so, and although I still like most of what I am doing, I am getting frustrated with some of the aspects of it. Most of it has to do with management issues; I have not had any luck with talking with them so far. It is a long drive. Also, I am getting a little burned out with the accumulation of needy axis II's. I know it comes with the territory, but I guess this has started me looking at other positions.

The big question I have is that I have been looking at an inpatient, geriatric psychiatry position. However, my non-compete clause clause states has a 25 mile radius, and it is 18 miles away. Honestly they are night and day practices, but I am very interested in it. It seems much more like what I envisioned myself doing.

Is this worth looking at? Has anyone ever tried to negotiate out of a non-compete clause? Thanks in advance.

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[wolfvgang22]

Depends on the relationship you have with your employer, I'd say. I'd consider discussing it with them and see if they will work with you if at all possible. If they are uncompromising and you really must move on I'd get a free consultation with an employment law attorney in your state. Most good attorneys will do this and give good initial advice and then be available should you need him or her later for any actual legal proceedings.

Sometimes if your employer won't work with you, a mention from you in passing that you have discussed the issue with representation causes nastier employers to suddenly mind their manners. This worked for me before. If that doesn't work your attorney could then write a stern letter for a fee.

Most non compete clauses, from what attorneys have told me in my state, are not enforceable in court, and usually not worth taking an employee to court over. I'm sure there are foolish, vindictive employers who will cut their own nose off to spite their face, though, so I'd follow an employment attorneys advice before following advice from anybody else.

 

[splik]

i dont see how this would enforceable at all. it is not like you are setting up a private practice down the road. however you should definitely talk to a lawyer about this. also, personally i would not draw attention to this with your current employer or else you might find yourself creating a problem out of a non-problem.

 

[neriticzone]

I'm just a lowly med student, but worked in software for a few years before med school and have signed too many NDA's/non-competes.

re splik - Until you are ready to walk out of the door, DO NOT talk to your employer about your non-compete. This is a sure way to make a mountain out of a mole hill and proactively burn bridges.

I'd make sure to talk to a lawyer once you decided on leaving. Don't use any counsel provided by your new employer.

My experience though was that as long as I wasn't moving to a direct competitor and had some good relationships with some higher-ups, they would usually not have a problem with me leaving for a new opportunity that was "covered" by the non-compete. So I'd think you were okay unless you were leaving with a bunch of sales-contacts/IP/etc or working for a direct competitor. Or in your case if a bunch of patients followed you over to the new practice.

 

[SpinDktr]

Ok, I think I will look more into it. There really is no substantial conflict; I would be giving up all my outpatients, I cannot take them with me to an inpatient setting. It is also not a hospital in any sort of competition with my current one. I think I have pretty good relations with my current employer, but I also know that I am extremely important to them, and they would not want me to go. Psychiatrists are hard to come by, and they are already short. It is usually a 6 month wait in our organization as is.

 

[TexasPhysician]

You’ll need to speak to an attorney. Non-competes are state specific.