I currently work for a ASC in Pain Management as the Lead RN. I specialize in pre-op/pacu and circulating OR. Today I received a non compete clause contract which included a paragraph about once I am no longer an employee with them I cannot work in the same position for another company for 12 months. Has anyone ever experienced this and how should I proceed? I really don't feel comfortable signing?
Non compete clauses are legal but they have limits. I am not sure if yours is enforceable or not. I signed a few in my previous life as a business owner.
Non compete clauses are limited in length of time and also in distance. There should be a mileage radius in your clause. 30 miles is common. So if you were to leave the company you would need to work 30 miles from your current company for a year.
If there is no distance limit, the clause is probably not enforceable. Ask a lawyer though, especially if your second choice company is nearby.
If you don't like the non compete clause, you can always ask the employer to take it out or change the terms. It's a good idea to talk to an employment lawyer first though, to get an idea of what a reasonable expectation would be.
Just re read this and if I am understanding correctly this is about a position you already have?
No. Do not sign.
I concur with FolksBtrippin BSN, RN
Listen kids, if presented a contract that gives you nothing additional (HIGHLY specialized training, Certifications) other than keeping your current job, DO NOT SIGN sign an employment contract that only serves to restrict your employment elsewhere.
Delay, defer and seek local counsel.
Happy at job or not - what could the motivation for the employer be? Restricting an otherwise good employee that would have to leave seems like something is about to go sideways.
Something doesn't sound right about this, it appears as though a change may be in the air.
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