Lisa Kohler, MD - AkronCantonMDNews

The Enforceability
of Physician Non-Competes
By Hans A. Nilges, Esq.
Imagine that, upon coming into the
office one Monday morning, you find the
following sitting on your desk:
Dear Dr. Smith,
This is to let you know that, effective immediately,
I am leaving to go work for the physician
group across the street. I know you hate those
guys, but they do the exact same type of work
you do, and they are paying me more money.
I’m sure you won’t have trouble replacing me
because hundreds of other docs in the county
can do anything I can do.
Thanks for all of the money and training
you have given me over the past few years. I
especially appreciated meeting and getting to
know your patients and referral sources. Don’t
worry — I have all of their names and phone
numbers so we can keep in touch. Also, all of
those meetings I attended where we discussed
growth strategy for your practice were really
interesting and have given me a lot of good
ideas for the future.
Sincerely,
Dr. Jane
P.S. I know I have a non-compete that prohibits
me from working for a competitor within
10 miles for 1 year, but a friend of mine told
me those things aren’t enforceable, so don’t try
anything funny.
You then promptly call your attorney
T: 7 in
and ask:
Are Physician Non-Compete’s
Enforceable? The answer is, “It depends.”
Generally, non-competes,
non-solicitation provisions, and other
forms of employment restrictive covenants,
because they act as a restraint
on trade, are viewed with disfavor by
courts. Among many courts, that disfavor
is especially acute when the restrictive
covenant involves a physician. Indeed,
several courts have given at least lip-service
to the idea that physician restrictive
covenants must be strictly construed in
favor of physician mobility.
The American Medical Association has
likewise expressed its disfavor of physician
restrictive covenants and have decried
the doctor will
hear you now
T: 4.875 in
want better health care? start asking more questions. to your doctor. to your pharmacist.
to your nurse. what are the test results? what about side effects? don’t fully understand your
prescriptions? don’t leave confused. because the most important question is the one you should
have asked. go to www.ahrq.gov/questionsaretheanswer or call 1-800-931-AHRQ (2477)
for the 10 questions every patient should ask. questions are the answer.
4 8 | GREATER AKRON/CANTON M.D. NEWS JANUARY-FEBRUARY 2008