Physician Non-compete when practice sold

I am an employed physician working for a large hospital primary care clinic system. Recently the hospital changed the employment contract from salary and bonus to pure production. The non-compete what changed from geographic area to 10 mile radius. Part of the restructuring resulted in my position going from full time to part time.

We were not allowed to negociate the contract, they have continued to pay me the new contract rate and I have never signed the new contract. As part of the restructure, we were offered to buy our clinic.

I offered but they are selling to my partner who has been there 6 years longer. My position will be eliminate and the hospital does not have another clinic in the area.

Do I have a non-compete?

1 answer  |  asked Feb 21, 2003 02:20 AM [EST]  |  applies to Georgia

Answers (1)

Brian Pastor
Physican Non-Compete

Physiian non-competes, under Georgia law, receive a middle level of scruitiny, and, depending on the acutal language - though you raise an interesting point that you never signed the new agreement, though you operate under it for the purpose of remuneration and benefits. I have done a large number of physican non-competes and would not be comfortable rendering advice outside a meeting in my office with both employment agreements there to review in detail. You are welcome to make an appointment 404-607-7100. Brian Pastor, Esq.

posted by Brian Pastor  |  Feb 21, 2003 09:27 AM [EST]

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