Difference between revisions of "Non-compete agreement"
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| − | A non-compete agreement is a promise by an [[employee]] or contractor not to compete with his employer within a certain distance and within a certain amount of time after termination of the arrangement. | + | A '''non-compete agreement''' is a promise by an [[employee]] or contractor not to compete with his employer within a certain distance and within a certain amount of time after termination of the arrangement. |
This type of agreement is common among physicians, but three states ([[Colorado]], [[Delaware]] and [[Massachusetts]]) prohibit them as a matter of public policy. They are enforceable in other states, but will be invalidated if unreasonable in geographic scope or duration, or if they fail to make a reasonable accommodation of the needs of patients. | This type of agreement is common among physicians, but three states ([[Colorado]], [[Delaware]] and [[Massachusetts]]) prohibit them as a matter of public policy. They are enforceable in other states, but will be invalidated if unreasonable in geographic scope or duration, or if they fail to make a reasonable accommodation of the needs of patients. | ||
Revision as of 21:35, January 31, 2008
A non-compete agreement is a promise by an employee or contractor not to compete with his employer within a certain distance and within a certain amount of time after termination of the arrangement.
This type of agreement is common among physicians, but three states (Colorado, Delaware and Massachusetts) prohibit them as a matter of public policy. They are enforceable in other states, but will be invalidated if unreasonable in geographic scope or duration, or if they fail to make a reasonable accommodation of the needs of patients.
Most recently, the Illinois Supreme Court upheld a physician non-compete agreement in Mohanty v. St. John Heart Clinic.