Saturday, May 18, 2024

Non Competes

Julia Fry

Hello O&P Team,

What is a mutually beneficial distance and duration for practitioner non competes?

One commonly seen o&p non compete clause specifies a 50-75 mile radius, as the crow flies, from several offices for two years after employment. The spirit of this non compete is that a former employee doesn’t open a shop next door and take all the patients with him/her. There is good logic in this because our industry is small, and we need to protect our revenue streams and patients. However, these extensive non competes are causing practitioners to endure a hardship if they leave the company or make the decision to get out of the field.

An example of a typical medical provider non compete requirement is a 5-10 mile radius from a primary location for one year after leaving the employer.

The questions remains. What is mutually beneficial for the employer and employee?

Julia D. Fry
CPO # 04098

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