Whether a medical practice can bind a physician with a non-compete agreement depends on where the medical practice is located and which state’s law governs the contract. Some states – California, Oklahoma, Alabama, North Dakota, Massachusetts, and Rhode Island – either prohibit all employment non-compete agreements or physician employment non-competes specifically. Meanwhile, Texas, New Mexico, Colorado, Indiana, Tennessee, West Virginia, District of Columbia, Connecticut, and Delaware have special rules regarding physician non-competes.
In non-compete disputes in Texas, employers often argue that everything that they provided to employees was confidential, while employees argue that nothing that was provided to them was confidential. As the result, the issue of confidentiality often ends up being an ultimate “fact issue” that must be resolved by a judge or a jury.
Rocketlawyer.com has recently been advertising “free non-compete agreements” online. In fact, it is the very first advertisement that pops-up when you google “non-compete agreements.” So,
For a non-compete agreement to be enforceable, an employer must give an employee something of value in exchange for his or her promise not to
A confusing, ambiguous, or imprecise non-compete agreement will yield poor results in court. In other words: garbage in, garbage out.
In Texas, employees have the right to resign from employment and go into business in competition with their employers (absent a non-compete agreement). There is