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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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Of a 3 physician practice, I am the only one who does clinic

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Of a 3 physician practice, I am the only one who does clinic and works IN the hospital. The other 2 ONLY do clinic. I want to leave the clinic and only work in the hospital (while finding a new job).
I have a question about this “non-compete” section of my contract. To me, I am not in a “competitive position” (since they don't work in the hospital):
Restrictive Covenants: ...a "Competitor" of the Corporation is any Person engaged in the provision of services; ...a "Competitive Position" is any employment with a "Competitor".
This next section is basically acknowledging that the current hospital work is not competing with the clinic:
Exclusive Employment Physician agrees that during the term of this Agreement he will not engage in any activity, directly or indirectly, (1) which is competitive with any business of Corporation...

JB Umphrey :

Welcome and thank you for your question!

JB Umphrey :

What is your question that you would like assistance with?

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Customer: replied 3 years ago.

didn't realize there was a chat

No problem. I appreciate the background information you've supplied but I am not clear on what your actual question is that you'd like assistance with. What is your actual question?
Customer: replied 3 years ago.

can I leave the clinic and work in the hospital only?

Have you discussed this with your current partners and, if so, what is their position?
Customer: replied 3 years ago.

they said they will "fight" based on the non-compete clause. I say i'm not competing because they don't do any hospital work, only clinic.

Thank you. If they say that they will fight, then that means they will seek enforcement of the written contract.

You two are of different minds about its interpretations and there is nothing you can say to convince them of otherwise.

It will take a third party to make the final call.

Let me ask you this: does your written contract have a dispute resolution paragraph? For example, does it say that any disputes must go to arbitration?

Customer: replied 3 years ago.

yes. let me ask, how long would it take to resolve something like this? if I could work in the hospital-only for a couple of months it would solve the issue. would it take weeks? months?

Resolution really depends upon the parties. You should expect arbitration to take months, perhaps even closer to a year.

An option you may want to consider is to contact a local employment attorney to review your contract. And then, have that attorney reach out to your partners in an effort to negotiate an amicable separation. Anything can be negotiated if the parties are willing. That could be the quickest way for you to break away without hassle.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 3 years ago.


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