Whether they’re called restrictive covenants or noncompete agreements, contracts in which an employee is limited as to where they can work after their current job ends are widely used in various industries. Both in Georgia and at the federal level, there has been a great deal of discussion regarding the proper parameters of these agreements, or if they should be allowed to exist at all. While someone might be subject to a restrictive covenant at almost any job, physicians face particular challenges when their freedom to practice is curtailed in some way.
Wes Cleveland, an attorney who represents doctors and other healthcare professionals in employment matters, says that issues involving noncompete agreements occupy more of his work than any other issue besides compensation. In the medical field, a professional who leaves a practice or hospital cannot practice medicine within a certain radius—perhaps 10 to 50 miles—for a set number of years, typically one to three.
Some of the potential effects of a restrictive covenant that binds a doctor include the following:
- Forced relocation — In some cases, there are not many employment options for medical practitioners. Depending on their specialty and experience, a physician who wants to take a new path might be forced to relocate, disrupting their career and personal life.
- Patient care disruptions — Often, patients develop very strong bonds with their physicians. They might not even get the care they need if they’re required to see a new provider. When a doctor is compelled to leave the area in order to keep practicing, there could be a risk to their patients.
- Professional consequences — The medical community is known for being insular, and disputes over the scope of a restrictive covenant could affect an individual’s ability to get an offer for a new position.
Given these challenges, physicians should approach noncompete agreements with caution, seeking legal guidance to ensure they are not unduly restricted in their professional future. If you are subject to a restrictive covenant and are wondering about whether it is enforceable, your attorney can advise you regarding the applicable law and similar cases involving medical professionals. Courts generally consider factors such as the geographic scope, duration, and impact on patient care when determining whether a noncompete is valid.
The Reddy Law Firm, P.C., in Alpharetta, represents healthcare professionals and clients in other industries in legal matters relating to Georgia restrictive covenants. To discuss your issue with a qualified attorney, please call 678-629-3246 or contact us online.
