Restrictive Covenants in Dermatology - Attorney Interview

You've worked hard to get to where you are today. However, you may not be aware of the potential impact a non-compete clause could have on your career. Should you decide to leave your current employer, restrictive covenants can limit your ability to practice in a certain geographic area or specialty for a set amount of time.  

In this video, we talk with attorney Briana Ortega who breaks down the basics of restrictive covenants and the legal implications for employed physicians, PAs and NPs. By understanding your rights and obligations when it comes to non-compete clauses, you can make informed decisions about your career and protect your professional interests.  

So join me as we dive in and explore what we all need to know about restrictive covenants! 

00:00  Introduction 

00:25  What's the difference between "restrictive covenants" and "non-compete clauses"? 

01:57  Are there any states (in the US) in which restrictive covenants are not allowed? 

03:36 Why do employers in states that (generally) don't enforce restrictive covenants still ask their employees to sign one? 

04:40  Are there any other particularly "employee-friendly" states (with respect to non-competes)? 

05:27  When should an attorney provide input on a non-compete clause? 

06:37  Can the new employer be held liable if they hire someone who previously signed a non-compete? 

08:14  Do the more liberal states have certain exceptions which would result in them enforcing a non-compete? 

09:59  How do courts determine what's "fair" with respect to duration and radius of a non-compete clause? 

12:31  Will "unreasonable" terms cause a restrictive covenant to be thrown out

13:21  "Blue Pencil Rule" (Important) 

15:33  In general, what would be considered a "fair" radius? 

17:15  Can an attorney help negotiate with the employer even before the employee has terminated employment? 

18:56  What would motivate an employer to not enforce a non-compete clause? 

21:42  Is there any way of predicting which employers would be more likely to pursue a non-compete claim? 

23:19  In general, what would be considered a "fair" duration? 

25:25  Can patients ever be solicited (from the preceding practice)? 

26:52  What advice would you give to someone who is being asked to sign a non-compete? 

29:47  Is there any harm (or advantage) to signing a non-compete agreement which has clearly unreasonable terms? 

32:06  Prior to leaving, is there anything an employee can do to ensure that their employer won't enforce their non-compete? 34:28  How often do employers actively enforce a non-compete agreement (including litigation)? 

36:24  Should applicants avoid telling potential employers about their prior non-compete (esp. if the new job would violate those terms)? 

38:02  What's happening with the FTC proposal? 

43:44  To contact Briana 

45:00  Closing