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.
Update Required
To play the media you will need to either update your browser to a recent version or update your Flash plugin.
To play the media you will need to either update your browser to a recent version or update your Flash plugin.
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.
Dan Frith
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 dfrith@frithlawfirm.com.
Topic: Top 10 Employee Mistakes That Lead to Litigation
Update Required
To play the media you will need to either update your browser to a recent version or update your Flash plugin.
Topic: Should You Sign a Non-Compete Agreement?
Update Required
To play the media you will need to either update your browser to a recent version or update your Flash plugin.
