Non-compete clause

zenman · Jul 27, 2011

Five miles doesn't seem like much unless the entire town is smaller than that. Sure it's not 50 miles?

NurseJi · Jul 27, 2011

"within 5 miles of any office of the employer"..there are currently 2 offices.

Trauma Columnist · Jul 27, 2011

That's good. I refused to sign one that was for 2 years and 50 miles because in this area, 50 miles is more like 100 miles.

mammac5 · Jul 28, 2011

Right, 5 miles doesn't sound like much of a non-compete at all! Standard around here is to leave the county.

8mpg · Jul 28, 2011

Im not a nurse practitioner but I figured Id respond anyways. Most places you will have a hard time having the no compete enforced. I have seen a few cases here in Texas that never went anywhere when a lawsuit was filed. From what I have been told, there is no legislation to enforce a no compete and that it is merely a personal contract. From the cases I have seen, they were all settled with no recourse for the person being sued for a no compete contract. Lots of money involved for all the lawyers and the companies suing the person got no where.

CCRNDiva, BSN, RN · Jul 28, 2011

There was a big issue with no compete clauses in my area a few years back. Three docs decided to leave a hospital medical group to return to private practice. They were very popular in our area and had a large patient clientele who were willing to follow them. It was a very public battle that was present throughout the media. The big issue that the docs had with their no compete clause was that the medical group had opened offices in many locations in several cities after their contract was signed so they would have had to relocate several miles out of the area. It was a very public battle that ended with the docs not being able to practice in our area for at least a yr. They have since reopened as a private practice but their relationship with the parent hospital was and remains quite strained.

I guess I would be worried about what happens after the contract is signed. If they are acquired or expanded, would your no compete clause apply to the new offices as well? That is what the sticking point was in the case of the local docs.

linearthinker, DNP, RN · Jul 29, 2011

In my state non-compete clauses are enforced. Be careful. I wouldn't want to sign one at all, regardless. My family has lived here for 300 years. I'm not going to be run out of town, lol. I really think everyone should consult an attorney to help them navigate these contracts. I sleep next to one and get legal services in trade but even if I had to hire one, it would be a sound investment.

Trauma Columnist · Jul 29, 2011

Always have an attorney review employment contracts - great advice.