you are the manager of a physician practice that is considering an employment of
ID: 462387 • Letter: Y
Question
you are the manager of a physician practice that is considering an employment offer from the local hospital. The hospital has provided its standard employment agreement, and your physicians have asked you to review the agreement’s “Noncompete Clause” (restrictive covenant) that appears below:
“Physician agrees not to practice in the state for three years after the physician terminates his or her agreement with the health system.”
Your assignment is to compare the proposed noncompete clause with the best practices and to propose an alternative clause that would meet the best interests your physician practice. Your submission should address all of the following questions, using outside research to support your position.
1) How do the time and geographic limits in the hospital’s clause compare to best practices. Why would the hospital’s proposal be fair or unfair to your physicians?
2) Compose an alternative noncompete clause that you believe is more favorable for your physicians.
OWN WORDS PLEASE
Explanation / Answer
1). A physician can not practive for a definite term and in the definite place.The best practice allow the physician to practice for the upgrowth of the society.
2).The physician is permitted to practice within the parameters of the definite place and time if they buy out the clause.This is an especially good option when the reasonableness of the noncompetition is not black and white, and both parties want to avoid the expense of litigating the enforceability of the noncompetition clause.
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