- [NP-Clinical] Non-Compete Clause - Email found in subject

[Calif NP]

Thought for your consideration-    the employer may contend that the clause
remains enforceable and the employee breached the employment agreement by
not performing duties as required and that termination of employment does
not release employee from the contract, particularly if there was good cause
for the termination/ie.employee was derelict in duties, not living up to
obligations as employee, poor performance, etc. etc.
'Null' means no validity or effect or sometimes it means 'voidable', and
'void' means having no legal force or effect, or not binding in this
instance.   But the issue here is likely is the contract 'voidable' upon
termination of employee, and under what conditions is it voidable, and at
the election of which parties to the agreement is it voidable.  Another
issue, more immediate, is whether the contract is enforceable to the
detriment of the terminated employee -  read the contract, consult local
caselaw, etc. for that answer.  An equitable argument may exist to render
the contract unenforceable against the NP employee based upon the employers
lack of good faith in attempting to meet the bargained for terms, etc.
Good luck, it is not an easy question to answer without more facts
(provable) & interpretation of your state's law

----- Original Message ----- 
From: <Patricia.Thompson at hattiesburgclinic.com>
To: <np-clinical at nurse.net>
Sent: Thursday, August 02, 2007 10:00 AM
Subject: - [NP-Clinical] Non-Compete Clause - Email found in subject


> I have that clause in my contact and no it is null and void because she
was fired.  If she left on her own then it would apply.
> Patricia T CFNP
>
> -----Original Message-----
> From: np-clinical-bounces at nurse.net
> [mailto:np-clinical-bounces at nurse.net]On Behalf Of Shelby Havens
> Sent: Thursday, August 02, 2007 6:10 AM
> To: np-clinical at nurse.net
> Subject: [SPAMMSG] - [NP-Clinical] Non-Compete Clause - Email found in
> subject
>
>
> 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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