Many physicians cross state lines for better job opportunities. These doctors often enter into employment agreements that contain non-compete covenants. A non-compete covenant restricts a physician’s ability to practice medicine within a certain area for a set time period following termination of an employment agreement. Keith Clouse, a Dallas employment law attorney who regularly advises doctors, suggests that a physician contemplating a move to Texas should ask a Texas attorney to review a proposed non-compete agreement prior to signing the document.
Too often, a physician believes that negotiations with a prospective employer are going well and that counsel should not be involved. Many doctors also mistakenly believe that advice given during one negotiation process can be applied to a later negotiation. But, as Mr. Clouse cautions, state non-compete laws vary dramatically and, even within each state, may change rapidly. Unfortunately, a doctor may even sign an employment agreement believing that the contract’s draconian non-compete provision could never be enforced. Even if true, months of litigation may be necessary to resolve the issue, and the doctor could be prevented from practicing medicine during that time. Qualified counsel can assist with contract negotiations and can ensure that a physician does not enter into an inequitable agreement.
To discuss a non-compete agreement with a non-compete attorney, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].