How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29084
Experience:  Former judicial law clerk, lawyer
26798026
Type Your Employment Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My issue is regarding non-compete clauses in employment

Customer Question

My issue is regarding non-compete clauses in employment agreements in the healthcare field in the state of Hawaii.
JA: Thanks. Can you give me any more details about your issue?
Customer: I work on one island in a particular field of medicine (a specialty). My employment agreement states that I cannot work in this specialty in all of the major areas of the island - where other medical offices are. Can this be enforced? I am a medical provider.
JA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If you are in the type of position where patients might be willing to change hospitals or offices just to continue receiving treatment from you, then that's a valid basis for a non-compete agreement. It's valid if it's found to be reasonable in time and geographic scope. If your prior employer serviced the entire island, you can be prohibited from working anywhere on the island. Restrictions of one year or less are nearly always enforceable. Beyond that, a judge would have to decide whether it's reasonable for you to be prohibited from working in your prior field. A judge would also look at whether you are able to still work as a doctor, but not in that specific specialty, when deciding whether the restriction is reasonable.

One option is to ask any potential new employer if they would be willing to buy out your non-compete so you could continue working before the stated time is up. Or you could try to negotiate a resolution with your former employer on your own.

There also must be consideration for the agreement. For example, if they asked you to sign after you told them you were leaving, the agreement would only be valid if you were paid for signing it or received something else of value that you weren't already entitled to. Continued employment is generally considered adequate consideration, so if you signed the agreement at any time before that, then it's probably meets that requirement.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Employment Law Questions