Scribing non-compete clause

[Medschoolquester101]

So I was recently hired for a scribe company and finished signing the paperwork (non-compete clause and all) for an outpatient medical center. I had interviewed with a different scribe company months before for an ED position at a major hospital but was told that I would be on the waitlist for at least a few months with a number of people ahead of me.

I needed a job not just for financial reasons but to gain some more experience so I decided to go with the outpatient scribe position especially since they had a position open for me now. However I recently found out that I got the position for the other scribe company as an ED scribe.

I signed the non-compete but I haven't even started training or anything at all as of yet. I'm scheduled to go in next week to meet with the chief scribe to discuss scheduling, etc. Since I haven't technically even started training yet would I be able to leave this position to go to the other company without putting myself in a legal issue?

I've read that these non-competes usually are not enforced but I wanted advice for my specific situation, especially since I haven't even trained yet let alone anything else.

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[Apollo1]

Copy: @Law2Doc

From a layperson's perspective, I don't see any issue. Discussing departure immediately with your current company is probably the best move; as you pointed out, your training hasn't started yet, so the biggest investment the company would make in you hasn't been wasted. Whether you bring up leaving for a competitor or not is a different matter.

 

[Law2Doc]

...

I've read that these non-competes usually are not enforced but I wanted advice for my specific situation, especially since I haven't even trained yet let alone anything else.

I won't give specific legal advice here but would suggest that you proceed with great caution. Everything is going to depend on what your agreements say and what state laws they are operating under so any advice you get on the net will be pretty useless.

I don't know where you read that "non-competes usually are not enforced" but would suggest that it's very state specific and what you have written is simply not an accurate statement in most states. Noncompetes that are reasonable in scope, geography and duration actually can be enforced in many states.

Additionally you indicated that you already have signed contracts so those contracts are presumably in effect-- that you are very early in your training for the job is only relevant if the contracts say it is. So read your contract. If it says it's effective from the date signed it probably is.

 

[Law2Doc]

From a layperson's perspective, I don't see any issue...

A passenger looking out his porthole on the Titanic probably didn't see any issue either.

 

[Medschoolquester101]

I won't give specific legal advice here but would suggest that you proceed with great caution. Everything is going to depend on what your agreements say and what state laws they are operating under so any advice you get on the net will be pretty useless.

I don't know where you read that "non-competes usually are not enforced" but would suggest that it's very state specific and what you have written is simply not an accurate statement in most states. Noncompetes that are reasonable in scope, geography and duration actually can be enforced in many states.

Additionally you indicated that you already have signed contracts so those contracts are presumably in effect-- that you are very early in your training for the job is only relevant if the contracts say it is. So read your contract. If it says it's effective from the date signed it probably is.

I'm in MA, do you have any information on non-competes in MA by any chance? Thanks for replying btw.

 

[Law2Doc]

I'm in MA, do you have any information on non-competes in MA by any chance? Thanks for replying btw.

I am not going to go into state specific details or give personal advice. Noncompetes are based on state law and so talking to a local lawyer or calling your local state bar are the best avenues for this.

 

[Mad Jack]

A noncompete for a scribe position? Wtf, what's next, noncompetes for fast food?

 

[Apollo1]

A passenger looking out his porthole on the Titanic probably didn't see any issue either.

Heh, why I used adverbs in my reply. If they would enforce it solely because the contract was signed, that falls on the OP's lack of due diligence.