QUESTION
Is non compete clause invalid if hospital did not negotiate in good faith and taken over by another organization?
Asked on Jan 04th, 2016 on Contracts - Pennsylvania
More details to this question:
My physcian contract with the hospital had a non compete clause prohibiting me from working within 50 miles radius for two years. Contract clearly says non compete clause invalid if parties failed to resolve dispute. My hospital is taken over by a large organization and legal entity which hired me six years ago abolished to cease and my contract transferred to new organization who now refuse to renew contract and would not negotiate in good faith and neither let me walk out of non compete clause. So I cannot work in the area and it is hardship for my family. What are my options. I am trauma surgeon and we have lot of shortage of trauma surgeons in the area. It is hardship for the community as well.
1 ANSWER
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Noncompete agreements and clauses in agreements are fully enforceable under the law. They can seem to be an impenetrable barrier to moving on with your career. However, they can be defeated. Your intended new job may not violate the terms of the agreement. The means and timing associated with your signature on the agreement may undermine the agreement's enforceability. The terms may be over broad and not enforceable under the law. Your best bet is to have the agreement reviewed by an attorney along with sharing the details of your situation in order to develop a specific strategy for you.
Answered on Jan 04th, 2016 at 1:20 PM