I love “to do” lists. They make seemingly difficult and impossible tasks more manageable.
Here is my “to do” list for Virginia employees who (a) have an employment contract or non-compete and (b) want to explore or accept a job with another company in their industry. BEFORE YOU APPLY FOR that other job (sorry I had to use CAPS so you would appreciate the nuance of the timing here):
1. Get a copy of your employment contract.
2. Read the contract.
3. Hire an attorney to read the contract.
4. Learn what you can and cannot do under the contract.
Wait a minute, that is a pretty short list, isn’t it? You took the time to ask Google your question about non-competes and some lawyer blog gives you the advice to call a lawyer? Yes, and here is why.
I have a very good friend who has been offered numerous jobs in various states as of late. He is an accomplished physician. A smarty pants. The medical community is lucky to have him.
Although we have not discussed it, I imagine that with each of these offers (hospital affiliated physician jobs) he has been presented with draft employment contracts.
Typically, physician contracts contain information on the following duties, agreements, etc:
- compensation
- term of contract (if there is a term, how many years)
- bonus structure
- billing practices
- malpractice insurance / tail coverage / limits
- reasons employee can be fired
- reasons employee can quit
- Notice requirements for leaving
- language regarding the confidential nature of patient records
- post employment restrictive covenant
Not all doctors have to sign non-compete agreements, but more are being asked to do so.
Pop quiz: “Which of the following is the most irritating way (to get what you want)?”
A: “This is now the 5th time I have asked you to take out the trash.”
B: “Sweetheart, when you get a second would you mind taking the trash out?”
C: “Thank you again for taking the trash out. That is so helpful.”
The answer (we imagine) is choice A.
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.
