Employment Contract and Non-compete questions

awh79

New Member
Jurisdiction
Missouri
I am a Chiropractor in Missouri and I currently work for another doc as her associate. I have been working here for 5 years. I am planning on making a career change and will be applying to nursing school next fall to pursue a RN and NP. Part of my employment contract has a non compete agreement that states "Professional shall not engage as an owner, manager or employee, of any chiropractic practice, within a radius of Fifteen (15) miles of the present business location at without the express written permission of Employer, at any time within Three (3) years immediately following the completion or termination of this agreement, and shall not for said three (3) years solicit patients or employees of the practice."

A few main points: 1)my goal is to let my boss know and ideally transition out of the practice over the next few months and turn over all of my patients to her for continued treatments. 2) As I plan on going back to school, it is pointless for me to continue building a business, and therefore my boss's best interest not to continue to have me working there. 3)I would like the ability to do part time fill in work at other offices in the area, but I fear the 15 mile radius will prevent me opportunities.

My main questions:***** 1) The last time we actually signed the employment contract was in January of 2015, which expired in January of 2016. Is the entirety of the contract still valid in court when it expired almost 2 years ago? 2) Could the non-compete be negotiated provided I was only doing part time work and not building a practice?
thank you for any insight
 
First discuss your plans with your employer.

I suspect if you reveal you're heading into the medical profession with the goal of becoming a PA, versus staying a DC, she'll be accommodating as long as you don't threaten her.

Noncompetes are tricky, as each state treats them differently.

Before you meet with her, meet with a lawyer to have the document reviewed.

After you've had such a review, you'll be better positioned to have your discussion.

In fact, she might work with you as you transition to your new occupational pursuit, especially if you say you're NOT planning to work more than 15-20 hours a week.

That'll be a struggle especially, when you get to practicums and clinicals.

BTW, you don't need to become an RN to become a PA.

If you're considering becoming an RN to become a NP, that's where your educational trajectory will take you.

Either way, good luck in achieving your career goal.
 
First discuss your plans with your employer.

I suspect if you reveal you're heading into the medical profession with the goal of becoming a PA, versus staying a DC, she'll be accommodating as long as you don't threaten her.

Noncompetes are tricky, as each state treats them differently.

Before you meet with her, meet with a lawyer to have the document reviewed.

After you've had such a review, you'll be better positioned to have your discussion.

In fact, she might work with you as you transition to your new occupational pursuit, especially if you say you're NOT planning to work more than 15-20 hours a week.

That'll be a struggle especially, when you get to practicums and clinicals.

BTW, you don't need to become an RN to become a PA.

If you're considering becoming an RN to become a NP, that's where your educational trajectory will take you.

Either way, good luck in achieving your career goal.



Thank you very much for your reply and input! I am having an attorney review my contract and will be getting their feedback in the next few days.

I am hoping my current employer will be open to this change in my career, but I can't say for sure.
She is the type of person who can take things personal, so that is the unknown I am dealing with as in how she will respond, and how willing she will be with my transition out and limiting my ability to work other places part time.

In regards to becoming a PA, I considered that, but its coming down to finances. PA school is over 100K, and I already have student loan debts I am paying off. Becoming an RN is more affordable to a point where we will probably not have to take out any loans to make it happen...same thing with obtaining the NP degree as well.

thank you again!
 
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