Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My issue is regarding non-compete clauses in employment

Customer Question
My issue is regarding...

My issue is regarding non-compete clauses in employment agreements in the healthcare field in the state of Hawaii.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 21 minutes by:
2/3/2016
Employment Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

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.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Former judicial law clerk, lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Let's say I work in agriculture, for a 3rd party labor
Let's say I work in agriculture, for a 3rd party labor contractor. The company I work for supplies seasonal labor for a larger company. I recently applied for a full time position with one of these co… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have received a response from another lawyer on this site
I have received a response from another lawyer on this site and believe his advice, but am looking for a second opinion for more peace of mind.I work in a specialty healthcare and plan to move on to a… read more
Marc
Marc
Attorney at Law
JD
319 satisfied customers
My question is concerning a non compete agreement that I
My question is concerning a non compete agreement that I signed upon employment start. The company is a specialty healthcare (infertility) and I am looking to accept employment from a local trauma hos… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been asked to sign an NDA and NCA prospective new
I have been asked to sign an NDA and NCA for a prospective new employer. My challenge is that the NDA has a restriction period of 12 mos. where I cannot work for a competitor (they can choose who is a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a specific questions regarding getting out of
I have a specific questions regarding getting out of non-compete clauses as a medical professional. Please, only advise if you have experience with this. I am a physician assistant who moved to anothe… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am a -off Medical Software Developer. My non-compete
I am a laid-off Medical Software Developer. My non-compete agreement will make it very difficult to another job in my field. I need advice about the risks of violating that agreement.… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
I am a partner in a medical practice where I'm am the only provid
I am a partner in a medical practice where I'm am the only provider for my specialty. The vast majority of the business doesn't not come from my specialty. I signed a non compete and non solicitation … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,032 satisfied customers
I live in Fort Worth Texas and I have a non-compete clause
I live in Fort Worth Texas and I have a non-compete clause in my employee handbook. I do not think it is enforceable because it is so broad, but I need someone to help me interpret it as I am looking … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I have just been denied employment with a local company over
I have just been denied employment with a local company over a "no-compete" agreement. The job I applied for was not even the same job that I was forced to resign from. What can I do to fight this?… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I signed a non-compete as a salesman in Virginia in 2002.
I signed a non-compete as a salesman in Virginia in 2002. I was promoted twice and moved to Texas in 2004 as a manager of a specialty store (pump and power). I was forced to resign 23 Jul 13. My non-c… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employer is saying that I have to sign a producer agreement
My employer is saying that I have to sign a producer agreement that has a 2 & 3 year non compete clause within a 20 mile radius of were I work now. It states that I can not work as an agent, broker, c… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
The small MD company I worked for was acquired by a large international
The small MD company I worked for was acquired by a large international company earlier this year. I was recently laid-off by the acquiring company due to "not being profitable." The severence package… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
Hello I am enquiring about the strength and validity of Non-compe
Hello I am enquiring about the strength and validity of Non-compete clauses. My sitation is that I have just begun to work for a locksmith. I wont get into the details, however, I love the job but hav… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Ive been offered a severance package at my company, but there
I've been offered a severance package at my company, but there is a non-compete section that basically prevents me from working in my field of expertise (where I live) for the duration of the contract… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello, I was terminated in February 25, 2010. Reason being
Hello, I was terminated in February 25, 2010. Reason being not performing my job competently after 10 years of employment. I found a job with another company that does the same work as my former emplo… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
I work for an anesthesia group practice. I have a clause in
I work for an anesthesia group practice. I have a clause in my contract signed 7 years ago that I would not compete for 3 years within a 25 miles radius of the city where we practice. 2 other anesthes… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
What if I signed a non-compete agreement can I still be a silent
What if I signed a non-compete agreement can I still be a silent partner in another company?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello, I am a North Carolina therapist subcontractor with a
Hello, I am a North Carolina therapist subcontractor with a non-compete clause in the contract which states "Non-compete agreement for one year within 30 miles and within one year of end of contract."… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x