Physician Non-Competes: What to Look for in Employment Agreements in Florida

 

Physician Noncompete Agreement Florida are an integral part of employment contracts in the healthcare industry. These agreements restrict physicians from accepting employment with competing entities for a specified period and within a defined geographic area. In Florida, where the law leans heavily in favor of employers, it is crucial for physicians to carefully navigate these agreements to protect their professional interests. This article will explore the key elements to consider when reviewing physician non-compete agreements in Florida.

Limiting the Geographic Range:

One of the most significant aspects of a physician non-compete agreement is the geographic restriction. The range can vary widely based on different employers and specialties, ranging from as little as 5 miles to as extensive as 100 miles from the practice location. Instead of agreeing to a broad restriction, physicians should consider limiting the geographic range to the specific locations where they predominantly serve their patients. It is important to exclude occasional work locations from the restriction to maintain flexibility.

Specific Competitors:

Physicians must pay close attention to any mention of specific competitors in the employment agreement. Some agreements explicitly list the competitors that are deemed off-limits. It is crucial to review these competitors thoroughly to ensure future job opportunities are not inadvertently forfeited. Once a physician signs the agreement, it becomes challenging to reverse the provisions and seek employment with the specified excluded employers. For instance, if a physician is currently working at a regular hospital but wishes to transition to an academic hospital in the future, they must ensure that the agreement does not prohibit them from working in that academic environment.

Time Frame:

Non-compete agreements typically specify a duration of 1 to 3 years. However, it is essential to be aware that working for a competitor in violation of the non-compete agreement may halt the tolling of time. This means that if a physician is found to be working for a competitor beyond the stipulated time frame, the former employer may still choose to pursue legal action. This puts physicians at risk of being sued even after the non-compete provision period has ended.

Specialty Area of Practice:

Physician non-compete agreements should clearly state the specialty area in which the physician will be practicing. Specificity is key to ensure that the agreement only restricts practice within the specified specialty. For example, if a physician specializes in pediatrics within a certain area, the agreement should explicitly mention pediatrics. This way, the physician can still have the option to practice as an internist within the restricted area and time frame.

Conclusion:

Physician non-compete agreements in Florida require careful consideration to safeguard the future ambitions and professional growth of physicians. By limiting the geographic range, scrutinizing specific competitors, determining the time frame, and specifying the specialty area of practice, physicians can navigate these agreements more effectively. It is crucial to evaluate these restrictions and options in collaboration with legal professionals to ensure the best outcome for physicians.

Contact Us:

To benefit from our expertise in reviewing physician contracts and navigating non-compete agreements, contact Ben Assad Mirza today. Call or text us at (954)445–5503, or email us at bam@MirzaHealthlaw.com. Visit our website to learn more about our services and explore additional resources for physicians.

Remember, protecting your professional interests starts with understanding your employment agreements and having an experienced attorney by your side.