Are non-compete agreements enforceable against physicians in Virginia?
The American Medical Association cautions that non-compete contracts “disrupt continuity of care, and potentially deprive the public of medical services.” (AMA Statement E -9.02). Although we agree with the AMA, Virginia courts use a different analysis.
Here is the podcast edition of Non-Compete Agreements for Virginia Doctors, including (1) common issues, (2) key cases, (3) physician employment agreements (“PEA”), (4) changing practices, and more.
So bottom line, are non-compete agreements enforceable against physicians in Virginia?
It depends. A Virginia judge will evaluate the duration, geographic area, and scope of the non-compete agreement to determine whether it is reasonable or overly broad. A narrowly written agreement is likely enforceable. An agreement that is void on its terms or unreasonable will be held unenforceable.
If you’re a doctor with a non-compete agreement, give us a call at (540) 985-0098. We can review the applicable documents, provide you advice that addresses any concerns, and if necessary, defend you in court.
An AV-rated attorney, Dan Frith has over 25 years of experience representing clients in business disputes, including non-compete agreements and trade secret litigation. He is past chair of the Litigation Section of the Virginia State Bar and a former delegate to the American Bar Association. To speak with Dan, contact him by email at firstname.lastname@example.org.