My spouse is a highly specialized physician, retina surgeon, in Florida. She accepted a position 4 years ago with the promise of partnership which was to be discussed after 2 years per her contract. The two years passed, and they didn’t discuss much, just told her that her numbers needed to come up some more for it to make sense financially and that they would revisit it. Well now 4 years after first joining the practice it appears they are going to sell to Private Equity, this leaving my wife hanging out to dry. She only took the position because of the partnership opportunity, but we have since really come to like the area, and I have entered into a verbal agreement to buy my own practice in town. Her non compete is very restrictive, 2 years and the 4 surrounding counties. It appears that if the owning doctors sell/merge with an equity firm that my wife and her contract is part of the sale as well. Would she have any legal recourse to get out of her non compete?
Doctor non-competition agreements are common and often very broad. There are some ways to work around them but it takes surgical precision and skill of an experienced attorney working in this area. was there a written promise of opportunity to join the practice as a partner? Were their other promises made. I strongly recommend you reach out to an experienced attorney and firm who works with medical practices and these types of issues. This is not the typical non-compete situation. There may be opprotunities to renegotiate with the practice and purchaser that would be more appealing for her as well.
We work with many medical practices and doctors and would be happy to discuss these issues with your wife.
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