Non compete clauses

Specialties CRNA

Published

We are in CRNA contract talks with my employer and they will not back down from a one year non compete clause in our contract. The bad thing is there is only two medical facilities in my area in which our group practices and has a contract. If they lose either contract I couldn't work for the new group unless I have been gone for one year. Is this common in anyone elses practice????? The bad thing the closest place other than my community is 50 miles away. Has anyone else had this problem???? Seems like a restriction in trade issue since I am an employee and not a partner.

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All I can say is that I have not and would not sign a contract with a non-compete clause. Most CRNA's I know feel the same way. I left Kansas about 2 years ago, and we had 10 anesthesia groups there, more or less. Only one had a no-compete clause, and they had about the highest turnover rate for CRNA's in the city.

I think a hospital insisting on a no-compete clause is trying to set you up for later changes that will be both major and unpleasant. I'd go elsewhere, but that's me.

Kevin McHugh

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i'm aware of a case where a crna sued the group and it was found that the non compete clause was illegal. but it may just be juristiction.

d

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mgrn88 - of course i am not yet a crna...but did speak to some crna's who were also legal consultants...and they said that a non-compete clause is usually bound by some type of LOGICAL understanding...meaning that if there are only two hospitals in a 100 sq mi radius it is illlogical to prohibit one from working at the other under the non-compete clause due to lack of other places to work. they also said that usually there is an unwritten distance limit - for example - you can't work for any other hospital within a 15 mile radius etc...

like i said - i have not come across this as of yet...but was inquiring .

good luck.

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mgrn88:

Go to the legal section of AANA website. There are extensive writings on this topic. I was just reading them on the weekend.

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