[NP-Clinical] Non-Compete Clause

[Thiem]

Hire an attorney familiar with contract law.

My opinion based on discussion with my attorney last year is that if her employment is terminated with no cause the non-compete clause is nullified.  That is not to say that her former employer cannot sue her and drag it out in court.  Anyone can sue anybody for any reason it seems.  My attorney felt that I had a pretty strong case: the practice was sold and my employment was terminated.  She will need to discuss the details of her case with her attorney and weigh the risks/benefits of a lawsuit should her former employer come after her.

It is also my understanding that non-compete clauses don't fair well if they are meant solely to decrease competition.  If there isn't any protected/proprietary idea, concept or information it would be difficult for her former employer to prove that they were harmed by her practice in the 20 mile vicinity.

Laura, NP, Missouri

Shelby Havens <shelbyhavens at hotmail.com> wrote: Dear Colleagues:

I have a question on behalf of an NP friend who was employed by a private 
practice for several years. She was fired about six months ago, by the 
office manager, and was given a letter of termination.

Her contract with the private practice group apparently had a non-compete 
clause stating that she couldn't work in a similar private practice within 
20 miles for two years after leaving the group. Her question is this: is the 
non-compete clause still valid, if she left the practice against her will?

What do yall think? Thanks in advance for your input.

Best Regards,

Shelby Havens, ARNP

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