Wednesday, May 25, 2022

Non-Competes

Pat Shannon

Interesting banter on non-competes. We too, use non-competes in the billing
world. Many employees come to work for us and then want to go off with what
they learn and try to compete. I see O&P differently since you come to work
as a skilled professional.

Non the less, the idea of paid non-competes is not new and is not always in
the employees best interest. The courts have held that paid non-competes
are iron clad since the employee has received value in exchange for the
non-compete. Smart employers have for years been advised to word employment
contracts in such a way that a portion of the salary paid is to be
considered payment for the non-compete, thus killing two birds with one
stone.

The smart employee seeks to limit the geographic area, specific clients or
the time requirement. Either way, if the non-compete is so broad as to
restrict your ability to earn a living in your profession, it would be
easily invalidated.

Patrick M Shannon
CEO
Healthcare Management Solutions, Inc
The Nations O&P Billing Service
1-888-467-4362 ext 200

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