Challenging Non Compete Agreements

Competition bans are common in medicine and can be very restrictive for specialists due to the broad geographical parameters. No one looks at how the consolidation of large health systems pits individual doctors against these large monopolistic health systems that no longer need to negotiate. What negotiation tactic could be used?! Competition bans are generally intended to protect trade secrets or proprietary information. If, in your position, you have not had access to such information or if you have been exposed to it, you can argue that the non-competition clause should not be applied, as there is no legitimate commercial interest to be protected. To be applicable in most countries, competition agreements must be limited in both duration and geographical scope. A competition risk agreement must set a duration, for example.B. six months from the date on which the worker ceases to work for the employer, which remains in force. After this period, the worker is exempted from the prohibitions of the agreement. It must also define an appropriate geographical area in which the worker is prohibited from competition. This can be within a ten-mile radius of the employer`s location or within a given city or municipality. A national or permanent non-competition clause should not apply.

In Texas, for example, a non-compete clause can only be enforced if it meets two other criteria: if a non-compete clause proves appropriate, it may still be deemed unenforceable for other reasons. For example, if an employee has been induced to sign the agreement, they may be invalidated. Being tempted to sign the agreement may have happened because the employer promised you something orally in exchange for the signature and never kept their promise. If you are ever promised something from an employer, be sure to try to get it done in writing. Send an email to the employer to get written confirmation or clarification of the promise. Save the email in case you ever need it. There are at least eight different points on which you can challenge a non-competition clause with a high potential for waiver or the agreement that it is not enforced by the employer. Competition prohibitions must also describe in a sufficiently specific way the prohibited competition activities so that a reasonable person, let alone a court, can understand what is not permissible. .