Non compete in Ohio law

My husband is a physician who signed a five year contract with a local hospital and after only 2 yrs they initiated the separation (either party could separate w/o cause given 6 months notice). He performed all his cases perfectly. His non-compete in 6 counties is valid for a 2 yr period. We purchased a home and have HS aged children and do not want to be forced to move from our home and schools nor separate the family for 2 yrs while he works elsewhere.
The hospital threatens to sue us and any employer that may hire us. We wish to open private practice and are wondering how enforceable will our non compete be...given the fact that they initiated the separation.

1 answer  |  asked Sep 4, 2003 11:01 PM [EST]  |  applies to Ohio

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Answers (1)

Neil Klingshirn
You may have a public policy argument against the non-compete

The fact that the hospital initiated the separation will not lessen the enforceability of the non-compete. So long as the hospital has a legitimate interest to protect, a court will enforce the non-compete.

I suspect that your most successful challenge to the non-compete lie with the public policy in favor of providing scare medical services and the lack of a legitimate interest to protect. If the hospital got out of the doctor business, what interest does it have in keeping your husband out of that business. In addition, courts will not enforce non-competes where it lessens the public's access to medical care. While this has been applied primarily to medical specialties, the fact that family doctors are so scarce as a result of the malpractice insurance crisis may make the argument apply.

If you would like to develop a more specific strategy, call Bev of our office for a consultation at 330.665.5445, ext. 0. She can get you on my calendar.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Sep 10, 2003 3:45 PM [EST]

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