Philadelphia Health Care Employment Lawyers
Physicians’ Employment Agreements and Restrictive Covenants
Physicians entering into an employment agreement with a practice, hospital or other medical facility need to be careful that the stipulations of the agreement do not unfairly restrict their future earning potential. Restrictive covenants and non-compete clauses within employment agreements can limit the physician’s freedom to practice medicine within a specific geographic area for a limited amount of time. They can also restrict the physician from taking patients with them if they choose to leave a practice and relocate. Philadelphia health care employment lawyers at Sidney L. Gold & Associates regularly review physician employment agreements and advise clients on how best to protect themselves and their career potential.
One myth that surrounds restrictive covenants is that they are not enforceable in a court of law. In most states, these covenants are upheld as long as they are reasonable in the amount of time they are enforceable, in the scope of work the physician can work and how they can build their practice. Restrictive covenants apply to the time period after the physician is employed, which in most cases is one to three years following their separation from the practice. These stipulations are written into the employment contract to limit the physician from offering competing services that would take business away from the practice they are leaving.
Physician’s Legal Rights in Employment Agreements with Restrictive Covenants
Philadelphia employment lawyer, Sidney L. Gold, is the founder of Sidney L. Gold & Associates, which is a premier employment and health care law firm specializing in drafting, reviewing and negotiating physician employment agreements. For over 35 years, the firm has successfully negotiated countless employment agreements with restrictive covenant stipulations and non-compete clauses. Sidney L. Gold is personally committed to reviewing and negotiating physician employment agreements that protect the physician’s best interests and future earnings.
The language of the employment agreement is imperative to its enforcement and the limitations that it puts on the physician to practice within a specific geographic area. A physician that leaves a practice or hospital can be limited in what services they can offer within a geographic area that can include a one to 25 mile radius, or more. For the physician who is living close to their practice, these limitations can force them to relocate and start over in a new area.
Sidney L. Gold’s experience with employment and health care law gives him a distinct advantage when drafting or reviewing employment agreements and negotiating the terms of restrictive covenants and non-compete agreements. Sidney L. Gold will ensure that his clients are treated fairly and that their future earning potential will not be unjustly limited. Should the physician be terminated or leave a practice or hospital on their own accord, they will fully understand the impact that this will have on future opportunities to practice their medical specialty.
For physicians entering into an employment agreement with a hospital, special consideration should be given to restrictions imposed on the doctor if they are terminated or leave the hospital’s employment. Sidney L. Gold will ensure that his clients are not restricted from leaving the geographic area of the hospital while the physician is still repaying loans from the provider. In some cases, physicians have been terminated or left employment only to find that they cannot relocate until all loans from the institution are satisfied. This can severely impact the physician’s ability to practice medicine in the area for an extended time period.
Non-Compete Clauses in Physician Employment Agreements
A non-compete clause within a physician employment agreement limits what services the physician can offer upon termination or separation from a group practice or hospital. Non-compete clauses also prohibit the physician from soliciting patients from the practice they are separating from to follow them to their new location. Typically, physicians can only accept patients from the old practice when they make the request, and only if they have been an established patient of theirs in the old practice.
Sidney L. Gold will also make sure that the duration of the non-compete clause is fair for their client. Generally, the non-compete clause is enforced over the same amount of time that the physician was employed by the former practice, but not longer than three years. Similarly, restrictions on geographic area should not exceed a radius larger than the area from which the former employer drew 80% of its patients.
Philadelphia Health Care Lawyer, Sidney L. Gold, Helps Physicians Protect their Rights when Entering into Employment Agreements
If you are a physician considering employment with a practice, hospital or other medical facility, the experienced and knowledgeable Philadelphia health care employment attorneys at Sidney L. Gold & Associates can assist you with all of your needs. With over 35 years’ experience in the field of business and health care law, you can count on him to secure an employment agreement that is fair and reasonable.
Call the dedicated team of Philadelphia physician employment agreement lawyers at Sidney L. Gold & Associates at 215-569-1999, or complete our online contact form to schedule a consultation today. Our offices are located in Philadelphia, Pennsylvania allowing us to serve clients throughout Pennsylvania including the communities of Bucks County, Chester County, Delaware County and Montgomery County. We also represent residents of New Jersey including but not limited to the areas of Atlantic County, Camden County, Gloucester County, and throughout New York.