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Non-Solicit ... Need advice

Discussion in 'Employment Contracts & Work Policies' started by palciparum, Mar 8, 2015.

  1. palciparum

    palciparum Law Topic Starter New Member

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    I am planning to leave my employer. I have Non-Compete and Non-Solicit in both Internal Medicine and Cardiology with my Employer in one Parish/County. Hence I am NOT going to practice there.

    In different Parish/County, I have NO non-compete but I have NON-Solicit (Direct or Indirect) in Cardiology only. I have NO non compete or non-solicit in Internal Medicine in the other county/parish. I want to practice Cardiology in that other county/Parish where I have Non-Solicit. I am worried my employer may file frivilous law suits to not let me practice Cardiology in other county/parish where I have Non-Solicit and make me spend money on lawyers especially when I am starting on my own and will have limited income. I am worried becuase if he files lawsuit, getting lawyers to fight is expensive especially when I am planning to go on my own and she is well established and financially well off.

    I am not interested in her patients.

    What if her patient comes to me on their own. Or my ex-patient from her practice comes to me on their own. Or I see a patient who was seeing her in past but not able to tell me which cardiologist was patient previously seeing.

    I am trying to see if any lawyer may have experience with this before and can advice me how to safe guard myself.
     
    Last edited: Mar 8, 2015
  2. disagreeable

    disagreeable Well-Known Member

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    Sure, hire a lawyer to review your case and your agreement. If I were you, I would move at least to the other part of the state. Otherwise you will be getting her patients and likely sued. I see doctors in 4 counties. If I could find a specialist I was confident in, it would be 5 counties.
     
  3. Betty3

    Betty3 Super Moderator

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    Any time you have a non-compete and/or non-solicit agreement, your best bet is to take them to an employment or contract attorney in your area for review & advice..
     
  4. palciparum

    palciparum Law Topic Starter New Member

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    My lawyer said since it's NO non-compete don't worry about Non-solicit. No plans to solicit anyway but you never know when people file frivolous law suits or patients come on own.

    Has any lawyer seen lawsuits with only Non-Solicit clause (not Non-compete).

    Any advice how to safe guard?

    If advice is to move then its as good as I signed non-compete :-(
     
  5. army judge

    army judge Super Moderator

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    You hired a lawyer. Why bother seeking FREE advice? Do you want your patients seeking second opinions on WEB.MD?
     
  6. palciparum

    palciparum Law Topic Starter New Member

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    My lawyer does not want me to move! My lawyer not worried with non-solicit.

    I know physician non-compete cases which have gone to court, but none for Non-solicit only.

    But I would appreciate your thoughts on these.
     
  7. army judge

    army judge Super Moderator

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    No one guarantee that you won't be sued.
    Being sued is not to be feared.
    You are free to live and lead your life as you wish.
    You can defend a lawsuit if your are sued.
    If you do as you propose, move to a nearby parish, set up your practice, so what?
    You have no plans to pilfer the practice of your employer.
    You're a professional, and you took an oath to heal the sick, care for the ailing and the infirm, so do just that.
    If you're sued because Joe Smith or Mary Brown chooses to be treated by you, you've done nothing wrong.
    If, you send letters to all of your current patients, advising them that you are moving your practice and offering them a dsicounted rate to follow you; that's how you get sued.
    You appear to be an ethical physician.
    You aren't a slave, so do as you desire and move.
    If being bound to your current physician master troubles you, move to another state, or US territory.
    That should eliminate all thoughts of being sued by your current master.
    I wish you well.
     
  8. palciparum

    palciparum Law Topic Starter New Member

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    Thanks. Makes me feel optimistic.

    Appreciate everyone's comments.

    Last question - was reading an article - "Courts often require, for a non-solicitation covenant to apply, that the physician have treated the patient while working at his or her former practice. Thus, the covenant cannot prevent the physician from soliciting patients he or she never treated at the old practice."

    Is this true?
     
  9. Betty3

    Betty3 Super Moderator

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    It's hard to say what any individual court will decide & might depend on what the non-solicit says. You might ask your lawyer your questions & follow that advice.
     
  10. army judge

    army judge Super Moderator

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    Its a very big world, my friend.
    If you want to move on and seek your fortune, by all means, do so.
    However, there are far too many fish in the sea to poach from your current pond.
    Even if a person approached you from your current practice, unless it was an emergency, I'd simply tell him or her that you're an honorable person and are prohibited from accepting patients that were treated at CLINIC ABC.
    Don't find ways to beat the system, stay true to your moral compass and honor your word.
    The position you hold today was good enough when you sought a position.
    Don't do to others what you wish not to be done to you.
     
  11. palciparum

    palciparum Law Topic Starter New Member

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    That's true.

    I have never solicited my competitors patient and would refer their patients back to them. My employer never liked this. Hence I know how she is which makes me worried.

    But I will stay true to my word.

    I would have moved away but can't uproot whole family and just leave.

    Time to start on my own and hope next few years go by peacefully. I know God will help me as I have not done any thing wrong.

    No more questions. Thanks to everyone.
     
  12. Betty3

    Betty3 Super Moderator

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    The best of luck to you............
     

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