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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I practice medicine in new york as a fixed hourly employee of a hospital with defined full

Customer Question

I practice medicine in new york as a fixed hourly employee of a hospital with defined full time work. my contract says that i may not practice medicine outside the scope of my contract without prior written agreement. if i went ahead and moonlighted at another hospital in my free time. would this clause be enforceable? in what ways is it enforceable? the contract does allow immediate termination if i violate it
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question and thank you kindly for requesting me to assist you with your concerns. I would be happy to do so.
To answer directly, yes, this clause would be enforceable in New York. If you are listed as having as having an exclusive agreement, if you terminate it by working elsewhere, you are in breach of this exclusivity. It is fully enforceable if you are full-time because they can argue that they are paying you a bit more for the privilege of having you give up your ability to work elsewhere. So yes, if you do violate it, they can terminate you, and potentially even pursue you for damages such as costs for hiring or training your replacement.
Sincerely,
Dimitry, Esq.