Non-competes

[VTBabyNurse]

What are our general thoughts about non-compete agreements for those of us NPs who cannot practice independently? Is it reasonable for an employer to not allow you to work for a year and within 30 miles of their practice if you left?

I signed one that was for 18 months and 25 miles for my first private practice job. I was so unhappy there but felt trapped. I eventually quit and now I travel an hour away from home. I have a new offer close to home that sounds great except they say their non-compete is not negotiable. After what I want through before I don't want to sign and may turn it down just because of this reason.

I would like to know if other NPs are accepting this as standard or fighting it? Thanks!

[Jules A, MSN]

I don't accept contracts with limitations on where I practice and I have no problem walking away from an offer that doesn't 100% suit my needs for whatever reason. It sounds like you have tried this before and were unhappy so why even consider it again?

[synaptic]

nope. If we are signing a contract as providers it better benefit us not hinder us. unless you pay us a crap ton of dollars to make up for the bs

[RiskManager]

In the area that I am (Greater Seattle area), non-competes for physicians, PA's and ARNP's are very common, if you work for an integrated healthcare system or a larger hospital or ambulatory clinic. The typical provisions are that you cannot set up or join a similar practice within 20-30 miles for a period of 6-12 months; or you may have the option to pay a substantial amount of money to have the non-compete lifted.

The concern is that after the original employer has spent time and money getting you set up, trained and you have a panel of patients, that you will leave and take that panel (and future revenue source to the employer) elsewhere. There have been some rumblings about passing legislation on such agreements, but the legislation has never gone anywhere. Allegedly all aspects of a contract may be negotiable, but for most providers in this area, the non-compete is take it or leave it: sign it or we will rescind your offer. Clearly, if you offer unique services or are in an area in which the prospective employee has the bargaining power, you may indeed be able to negotiate this. In Washington state, non-compete agreements have been upheld as lawful and can be enforced. Non-competes are in wide use throughout the country.

Many people just starting out in their careers think that non-competes are awful and a burden, but their attitude usually changes by the time they are owners or shareholders of the practice and are looking at a financial loss if an employee leaves and poaches the patients.

[Jules A, MSN]

Many people just starting out in their careers think that non-competes are awful and a burden, but their attitude usually changes by the time they are owners or shareholders of the practice and are looking at a financial loss if an employee leaves and poaches the patients.

Its not just people starting out in their careers. I know a seasoned physician who recently turned down a position at a local hospital because of what he felt was an excessive non compete clause.

[RiskManager]

Our local business paper recently published a three-part series on healthcare non-compete agreements. The principles discussed in the articles would apply equally to nurse practitioners:

Debate over non-compete clauses divides Washington state medical community - Puget Sound Business Journal

Inside non-competes: Doctors who leave UW Medicine can't practice within 30 miles, forced to pay massive fines - Puget Sound Business Journal

Inside non-competes: Washington rules create 'distressing situation for physicians' - Puget Sound Business Journal

[Jory, MSN, APRN, CNM]

I would not sign one. Luckily I live in a state where all non-competes are illegal in contracts.

[BiotoBSNtoFNP]

I just signed a contract with a 5 mile noncompete for 6 months. I live in an urban area so the 5 miles does eliminate many options however there are still plenty of options outside of the 5 miles too!!

I would probably not sign one for 30 miles! That sounds crazy! Unless you are planning to move (and assuming the current workplace is close to your hours), your commute to your new workplace would be horrible.

[sailornurse]

I declined a contract that said 20 miles plus fine of $50,000 if violation within 2 years AFTER leaving the position! On top of a minimum 3 year contract, salary 2nd year based on productivity only. RUN FAST RUN FAR

[Riburn3, BSN, MSN, APRN, NP]

My non-compete just says I can't work for another physician in a similar discipline while I'm currently employed.

I think if you complete your contract without issue, its unrealistic for them to hamstring when you leave.

[WKShadowNP, DNP, APRN]

My prospect encourages me to moonlight, which I think is nice. We'll see if I do or not. I need to graduate, get boarded, and get my feet wet before I expand my horizons.

[sailornurse]

I think if you complete your contract without issue, its unrealistic for them to hamstring when you leave.

That's the whole purpose of the month-compete to prevent you from "stealing " patients when you leave. They can & do enforce them. One local ophthalmologist had to work different city for 2 years after leaving.